CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Expert Testimony: Qualifications
.........Experts Found Qualified-Examples
............Gangs
 11 Cards On This Topic:
  • Gang evidence admissible to bolster witness I.D. and where D himself identified gang affiliation as a motive.
  • Expert testimony about the reputational benefits of crime does not alone support an inference that lone gang member committed a crime for gang-related, rather than personal, reasons.
  • 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.


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