In what circumstances will the jury not consider evidence of a criminal gang as evidence of bad character or disposed of crime?
California, United States of America
The following excerpt is from People v. Duenas, B234997 (Cal. App. 2012):
In any event, the court properly instructed the jury that it was not permitted to consider the gang evidence to prove defendant has a bad character or is disposed to commit a crime. We, of course, presume the jury understood and followed the court's instruction in the absence of any showing to the contrary. (People v. Yeoman (2003) 31 Cal.4th 93, 139.)
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