ABSTRACT
Pattern of Criminal Activities 256 Denition of Gang Crime 258 Gang and Nongang Violence 260 Gangs Do Not Dominate or Drive the Drug Trade 261 Gang Members Account for a Relatively Small Share of Crime in Most Jurisdictions 262 Criminal Sophistication of Street Gangs and Members 262 Who Is a Gang Member? 263 Unreliability of the CalGang Database 265 e Criminal Street Gang Myth 266 Can Specic Intent Be Proved Up Solely by Gang Expert Opinion Testimony? 267 e Ninth Circuit Court Approach 268 Specic Intent to Promote, Further, or Assist in Any Criminal Conduct by Gang Members 269 Directed by, Beneting, or Criminally Associated with a Criminal Street Gang 270
e dominate theme of this chapter, “Presumed Guilty,” applies to many cases where the government may have doubt of the defendant’s “active” gang status and still moves toward a jury trial, asking for conviction of “gang enhancement” by a jury. It is this type of ultra aggressiveness or “misconduct” by prosecutors that drives the questionable presumption of guilt in the juror’s minds during trial.
