What are the jury's instructions in a criminal case dealing with allegations of gang activity?

California, United States of America


The following excerpt is from The People v. Ruiz, D053520, No. SCE268001 (Cal. App. 2010):

These instructions do not suggest that jurors should consider gang activity in a vacuum to conclude a witness is not telling the truth merely because he or she engages in gang activity. Rather, these instructions advise the jury to evaluate witness credibility based on a wide variety of factors. (CALCRIM No. 226.) Further, the jury was instructed that misconduct does not necessarily mean a witness is untruthful and it was up to the jury to determine how much weight to give the misconduct evidence. (CALCRIM No. 316.) We presume jurors use intelligence and common sense when applying instructions. (People v. Bragg (2008) 161 Cal.App.4th 1385, 1396.) Given these instructions, a reasonable jury would know it could not automatically equate gang activity with a lack of veracity, but rather it should examine the testimony so as to consider all relevant matters that might affect honesty or dishonesty.

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