What is the impact of admitting evidence of gang membership in criminal proceedings?

California, United States of America


The following excerpt is from People v. Brown, B253052 (Cal. App. 2015):

The admission of gang evidence always carries a risk of prejudice. "When offered by the prosecution, we have condemned the introduction of evidence of gang membership if only tangentially relevant, given its highly inflammatory impact." (People v. Cox (1991) 53 Cal.3d 618, 660, disapproved on another ground in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. 22.) However, "evidence of gang membership is

Page 22

Other Questions


What is the effect of prior criminal convictions on evidence of criminal activity in criminal proceedings? (California, United States of America)
What is the current state of the law on admitting evidence of criminal gang membership? (California, United States of America)
What is the substantial evidence standard of review applied to challenges to the sufficiency of evidence in a juvenile proceeding involving criminal behavior? (California, United States of America)
Does a prosecutor improperly refer to prior criminal conduct not admitted as evidence in aggravation under section 190.3 of the California Criminal Code? (California, United States of America)
Is there a criminal proceeding required for destruction of evidence pursuant to section 136 of the California Criminal Code? (California, United States of America)
What is the test for admitting character evidence in a criminal proceeding? (California, United States of America)
What is the test for admitting victim impact evidence in a criminal case? (California, United States of America)
What is the test for admitting unadjudicated "other criminal activities" and evidence of criminal activity after the crime has been committed? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
Is evidence of gang membership admissible in criminal proceedings? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.