CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Method of Exam: Cross-Exam
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Bias or Improper Motive
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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.