SERIES 1400 CRIMINAL STREET GANGS
F 1403 Limited Purpose of Evidence Of Gang Activity
TABLE OF CONTENTS
F 1403.1 Titles And Identification Of Parties
F 1403.1 Inst 1 Limited Purpose of Evidence Of Gang Activity—Title
F 1403.1 Inst 2 Identification Of Prosecution And Defendant
F 1403.2 Limited Purpose of Evidence Of Gang Activity—Tailoring To Facts: Persons, Places, Things And Theories
F 1403.2 Inst 1 Correction Of Burden Shifting Language: Self-Defense
F 1403.2 Inst 2 Correction Of Burden Shifting Language: Heat Of Passion
F 1403.2 Inst 3 Motive: Issues And Instructions
Return to Series 1400 Table of Contents.
F 1403.1 Titles And Identification Of Parties
F 1403.1 Inst 1 Limited Purpose of Evidence Of Gang Activity—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1403.1 Inst 2 Identification Of Prosecution And Defendant
p align=”JUSTIFY”>See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 1403.2 Limited Purpose of Evidence Of Gang Activity—Tailoring To Facts: Persons, Places, Things And Theories
F 1403.2 Inst 1 Correction Of Burden Shifting Language: Self-Defense
*Modify CC 1403, third item, as follows [added language is underlined; deleted language is stricken]:
[The prosecution has met its burden to prove beyond a reasonable doubt that the defendant did not actually believed in the need to defend (himself/herself)(;/.)]
Points and Authorities
See FORECITE F 404.2 Inst 1; see also FORECITE F 1403.2 Inst 2.
F 1403.2 Inst 2 Correction Of Burden Shifting Language: Heat Of Passion
*Modify CC 1403, fourth item, as follows [added language is underlined; deleted language is stricken]:
[The prosecution has met its burden to prove beyond a reasonable doubt that the defendant did not acted in the heat of passion(;/.)]
Points and Authorities
See FORECITE F 404.2 Inst 2; see also FORECITE F 1403.2 Inst 1.
F 1403.2 Inst 3 Motive: Issues And Instructions
CALCRIM 1402 specifically permits consideration of gang activity to show that the defendant “had a motive to commit the crime[s] charged. . . .” However, there are issues and instructions related to motive that should be considered if this instruction is given. (See FORECITE F 370.)
