Legal Question in Criminal Law in California

A Woman Dies A Senseless Death San Jose 1/23/99

Can the courts bring into evidence criminal history of someone who was murdered in a NON-gang act of violence,as grounds for her death.

She went to the store,shewas stabbed to

death, after she accidently bumped into a guy at the entrance of the store. She was slapped, by one guy. The guy who stabbed

her was just released from jail for stabbing someone else 17 times. The courts are now trying to say it was gang related because she has a history of gang violence although in reform. There was four defendents two are out on bail. Bail has been set for one. No bail for the killer. The def. attorney are saying the killing took place because, his guy had on red and was Asian, and she attacked them. It has all come down to her death was a justice done to society, she was a gang banger. She lived with me for five years and was changing her life and going to school. Her past is being used to excuse her death. Please help the family!


Asked on 6/11/99, 12:55 pm

1 Answer from Attorneys
Larry Bruce Larry B. Bruce Attorney At Law

Re: A Woman Dies

To begin, I am a defense attorney. The District

Attorney in the case you are interested in will

undoubtedly be attempting to limit this evidence.

But you cannot fault the defense attorneys for

placing all theories before the jury. If the theory

is reasonable, the jury may consider it. If the

theory is unreasonable, the jury will reject it.

That's where you come in. You can testify that she

was not currently involved in gangs. Ultimately it

isn't up to you or me to decide what evidence is

going to be considered. The jury is entrusted to

evaluate the evidence and decide what's what.

Read more
Answered on 6/27/99, 11:11 pm


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