Cross-racial identification testimony and what not to do about it - A comment on the cross-racial jury charge and cross-racial expert identification testimony

Authors
Citation
D. Bartolomey, Cross-racial identification testimony and what not to do about it - A comment on the cross-racial jury charge and cross-racial expert identification testimony, PSYCH PUB L, 7(1), 2001, pp. 247-252
Citations number
8
Language
INGLESE
art.tipo
Article
Categorie Soggetti
Psycology
Journal title
PSYCHOLOGY PUBLIC POLICY AND LAW
ISSN journal
1076-8971 → ACNP
Volume
7
Issue
1
Year of publication
2001
Pages
247 - 252
Database
ISI
SICI code
1076-8971(200103)7:1<247:CITAWN>2.0.ZU;2-N
Abstract
This article argues against adopting cross-racial jury instructions and aga inst allowing cross-racial identification experts to testify at criminal tr ials. Problems of cross-racial identification evidence are not solved by re quiring trial judges to tell juries that all cross-racial identifications a re suspect, when that is not necessarily the case, nor by enlisting identif ication experts to testify at trial that, in general, cross-racial witnesse s are less credible than others. Jury instructions and expert testimony on cross-racial identification are flawed insofar as they address generalities ; neither can tell a jury anything about the particular identification at i ssue. Problems inherent in cross-racial identifications are instead best ad dressed by taking measures to prevent mistaken identifications in the first place, such as improving line-up procedures. Unlike special jury instructi ons or experts, improved line-up procedures could enhance the reliability o f the identification itself and consequently the integrity of the verdict i n a criminal trial.