What is the risk of undue prejudice if a defendant has been convicted of a criminal offence based on gang evidence?

California, United States of America

The following excerpt is from People v. Williams, B281118 (Cal. App. 2018):

"[G]ang evidence, even if relevant, can be '"highly inflammatory."' [Citations.]" (People v. Simon (2016) 1 Cal.5th 98, 125.) The risk of undue prejudice arises when the evidence of guilt is weak, as "a jury not otherwise convinced beyond a reasonable doubt of the defendant's involvement might use gang evidence to tip the scales and convict . . . . [Citation.]" (Id. at p. 126.) However, the prejudicial effect of relevant gang evidence is dispelled where the case against the defendant is strong. (Ibid.)

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