Analyzes a California law admitting statements against gang members made by witnesses no longer alive. Examines the background, rationale for, implementation, amendments and witness protection.
Written in 1999; 2,700 words; 23 sources; $ 95.95
From the Paper:
"GANG EVIDENCE: EVIDENCE CODE SEC. 1231
This research paper discusses the provisions of California Evidence Code section 1231, the reasons for its adoption and opposition to it. Section 1231 is a narrowly crafted exception to the hearsay rule in California pursuant to which certain in vivo statements made by witnesses are admissible in criminal trials involving prosecutions for gang-related crimes even though the witnesses themselves are no longer alive. The provision, which was enacted into law by the legislature in 1997, has not yet been tested in the courts, but it appears to be a reasonable legislative response to the threat posed by gangland's code of silence and its propensity to silence hostile witnesses. This law is, however, only a partial solution to the problem it addresses."
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