Legal Question in Criminal Law in California

Re: conspiracy to commit murder for the benefit of a gang

Can they? Yes. Can they get away with it? Yes, they can do anything they like, and will, unless your attorney properly objects and files appropriate motions. Get counsel unless you like prison time.

Re: conspiracy to commit murder for the benefit of a gang

I'm not aware the prosecution has to prove the identity of any particular co-conspirator. Anyway, gang members aren't the most popular people around courthouses. Only other gang members and their girlfriends care what happens to them.

Re: conspiracy to commit murder for the benefit of a gang

Conspiring to do something for the benefit of a gang does not imply that multiple gang members were in on the conspiracy. One gang member -- or perhaps even a would-be member -- can conspire with a non-member to commit a crime for the gang's benefit, and that is all the prosecutor would have to prove happened. She would not have to prove that the other conspirator was part of the gang.

Precisely what a prosecutor says at trial doesn't really matter, since the prosecutor's statements are not evidence. The judge would explain the charges to the jury, and the jurors would then decide whether the evidence presented to them proves beyond a reasonable doubt that the defendant was guilty of those charges. Imprecise language from the prosecutor likely wouldn't matter -- and even in those situations where it might, the error would probably be waived if defense counsel failed to object.