CHILDREN AND THE LAW
...Evidentiary Issues
......Expert Witnesses (Psych. Opinion)
.........Gang Experts
12 Cards On This Topic:

As the DA did not introduce enough evidence to show a connection among the subsets it alleged comprised a criminal street gang, D was not eligible for a sentence enhancement under the STEP Act.

Where gang expert's testimony was of the same type of information gathered and used by every gang expert in the field, and was not testimonial, it did not violate Ds' confrontation clause rights.

Reversible error to admit gang-type evidence re Ds' motorcycle club where no foundation club was a gang or crim. enterprise, it was inflammatory and not probative on motive and defense relied only on credibility determinations.

Stealing liquor to drink with friends is not sufficient to support conclusion act was specifically intended to promote, further or assist criminal conduct by gang members; E's opinion testimony not substantial evidence.

Gang expert simply informed jury how he felt case should be resolved based on D being gang member with weapons in gang territory—an improper opinion which could not provide substantial evidence to support gang enhancement.

Evidence of D's membership in gang, gang's activities and motivations of gang members to participate in criminal activities was relevant and not unduly prejudicial.

Something more than shared ideology, or a name that contains the same word, must be shown before multiple units can be treated as a whole when determining whether a group constitutes a criminal street gang.

Hearsay statements by gang members that D was a gang member were properly admitted where not offered to establish truth of matter asserted, but merely as a basis for Expert's opinion; Crawford & 6th Amend. did not apply.

Trial court did not abuse its discretion in admitting gang evidence where it was relevant to identity and motive and of significant probative value.

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.

O's gang evidence adequately established at least one predicate offense by gang member; second predicate offense was established either by another gang member's commission of assault or murder.

Testimony of police street gang expert about D's subjective knowledge and intent was inadmissible and evidence insufficient to establish D was involved in a conspiracy to possess handgun.