What is the current state of the law on admitting evidence of criminal gang membership?
California, United States of America
The following excerpt is from People v. Bates, G050530 (Cal. App. 2016):
"[A]dmission of evidence of a criminal defendant's gang membership creates a risk the jury will improperly infer the defendant has a criminal disposition and is therefore guilty of the offense charged." (People v. Williams (1997) 16 Cal.4th 153, 193.) Even when gang membership is relevant, however, "because it may have a highly inflammatory impact on the jury trial courts should carefully scrutinize such evidence before admitting it." (Ibid.)
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