CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Method of Exam: Cross-Exam
......Bias or Improper Motive
.........Relationship to Party/Group/Gang
............Proper Use of Evidence
9 Cards On This Topic:
  • Where D's witness a member of same gang as D and gang members sworn to lie for one another, may impeach on gang affiliation; relevant to show bias.
  • No error in allowing DA to cross-examine D's former attorney at penalty phase about her relationship with D, and in allowing DA to call former courtroom bailiff to impeach atty's testimony.
  • D's "good friend" properly cross-examined re sexual relationship with D to show bias and help jury evaluation.
  • Evidence that alibi W and D were previously crime partners admissible on question of credibility, and properly admitted re bias or interest.
  • Jury properly instructed on D's gang membership when it was an integral and unavoidable fact relevant to D's ID, bias and motive.
  • DA properly questioned D's witnesses about membership in "Mexican youth group organizations."
  • Witness may be cross-examined about group membership he shares with party to action; common membership tends to show bias.
  • Proper to question witness about bias in favor of another member of same ethnic group.
  • List of cases finding gang membership evidence proper.