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Proving Gang Membership during Punishment Phase

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November 25, 2008, 15:49
joepaterno
Proving Gang Membership during Punishment Phase
can someone point me in the right direction? is there a case out their outlining various identifiers linking a criminal defendant to membership in a gang?

i've been researching all afternoon but have come up empty handed...
November 25, 2008, 16:09
JohnR
I don't recall a case setting forth a test. I've seen it done several times by gang officers on the basis of colors, tattoos, and admissions. Often times these guys have identified themselves as members or associates to gang officers in their home areas. An officer testifying that he has Blood tattoos, is wearing colors, and has admitted membership ought to be enough to show membership. Putting him with other known members and dressed out ought to get there, too. The officer will be able to tell you.

Check out Curiel v. State, 243 S.W.3d 10, 16-17. I got several useful cases, including this one, with this search in Westlaw: SUFFICIEN! /S MEMBER! /S GANG & TI(STATE)

I can also recall people using photos where the defendant was throwing signs in order to show membership.
November 25, 2008, 16:11
Robert S. DuBoise
You might start here for some basic ideas on who to contact.

Prior Thread #1

Prior Thread #2
November 25, 2008, 16:15
JB
The Attorney General is responsible for establishing and maintaining a website regarding gang stuff. Check with them for some advice. In addition, Texas prison system has a great gang unit with individuals who can serve as expert gang witnesses. Likewise for local PD's. There is no formula, by the way. Just have to prove beyond a reasonable doubt that a defendant is a member of a gang that does bad stuff.