CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Forensic Issues
.........Criminal
............Criminal Behavior/Profile
 13 Cards On This Topic:
  • Error to admit "drug profile" evidence in case in chief.
  • Police testimony re reasons criminals conceal weapons in car engines was proper expert testimony re modus operandi; neither drug courier profile concerns nor Daubert applied.
  • Though O's expert testimony as to type of pimp D1 was and what "patterns of behavior in pimping" were shown in W's testimony might be seen as comments on D1's guilt or innocence of pimping, any error harmless.
  • Given D's history of physically attacking prison Os and starting fires, coupled with evidence of her inability to control her dangerous behavior, CONREP SWs could reasonably conclude she was a danger to others.
  • Psychologist's testimony re sadistic pedophiles not improper profile evidence where D pled guilty to child murder and circumstances suggested pathological cause.
  • Since D introduced his gang membership, and officer's expert gang testimony was relevant to counter D's inferences and was not improper profile evidence, trial ct. properly admitted evidence.
  • No abuse of discretion in admitting expert testimony re likelihood D was sexually violent predator likely to reoffend; Kelly-Frye standard for scientific evidence inapplicable.
  • Improper for expert to express opinion on subject that jury just as qualified to determine, e.g., whether D's activities criminal.
  • Abuse of discretion to admit expert testimony on auto theft rings to show D, charged with receiving stolen auto, fit profile; inherently prejudicial & inappropriate to finding guilt or innocence.
  • Admissibility of stereotypical characteristics of a group.
  • Expert testimony that D's behavior consistent with narcotic traffickers improper; behavior consistent with anyone with something to hide.
  • Expert testimony appropriate to show that apparently normal behavior actually consistent with criminal activity.
  • Expert may properly testify re criminal habits and techniques, such as how drugs packaged for sale, number of capsules drugs would make and retail value.


    •