P. v. Allen CA3
Defendant Emery Allen's conviction of attempted murder arose from a gang-related shooting. Gang cases are rarely the neat exemplars of criminal prosecutions found in trial practice textbooks. The gang vernacular, despite its origins in mainstream English, can be nearly impenetrable without translation. So also, the motives and impulses that induce gang members to commit acts of violence often require the insight of experts to understand. And the atmosphere of violence and intimidation that exists in the neighborhoods that gangs inhabit is rarely conducive to a free exchange of information between victims, witnesses, and law enforcement authorities. Witnesses are not always eager to testify; the excitement of the moment affects memories and perceptions. Thus, in this case, conversations between gang members, though spoken in English, require translation. Experts must help to make sense of what happened, and the two key eyewitnesses, both children concerned with being labeled
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