Motive

5 years 0

TWO PART TEST FOR ADMISSIBILITY: Expert testimony regarding the history, hierarchy, and common practices of a street gang is admissible as proof of motive where fact evidence establishes that the crime charged was gang related and the probative values of the testimony is not substantially outweighed by any
unfair prejudice to the defendant; Gutierrez, 423Md. 476

JURY INSTRUCTION

MPJI-Cr 3:32 Motive is not an element of the crime charged and need not be shown. However, you may consider the motive or lack of motive as a circumstance in this case. Presence of motive may be evidence of guilt. Absence of motive may suggest innocence. You should give the presence or absence of motive, as the case may be, the weight you believe it deserves.