CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...
Opinion & Scientific Evidence
......
Expert Testimony: Qualifications
.........
Experts Found Qualified-Examples
............Gangs
9 Cards On This Topic:
No error in admitting gang evidence by qualified E nor in denying D a continuance to prepare for voir dire of E because he was untimely disclosed as an expert.
Trial court acted within its discretion in overruling D’s objections to gang E’s testimony; E’s overall opinion typically based on info drawn from many sources and on years of experience, which in sum may be reliable.
Trial court properly exercised its discretion in admitting D’s gang-related tattoos, and in permitting O’s expert testimony that "187" tattoo signified Pen. Code section proscribing murder.
Os qualified to testify as gang experts on Crips and Bloods based on special knowledge, skill, experience, training and education re gangs.
O's expertise on gang culture, habits, and expectations was adequate for him to give opinion about gang members' intentions, motivations and actions in shooting rival gang members and police officers.
Actual knowledge of crim. street gang's activities, incl. where they hid guns and identity of member/shooters, when E testifies info available only to active gang members, is "active participation in gang."
Sufficient evidence established Norteño was a criminal street gang, murder was related to its activity, and D actively participated in it—no further requirement that DA prove which specific gang subset was involved.
Gang expert's opinion that D's participation in gang drive-by shooting confirmed his gang status properly admitted in court's wide discretion.
Expert's hearsay testimony re complex gang interactions and how diverse group could be acting for benefit of street gang far beyond jury's common experience and properly admitted.