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Cross-racial identification and jury instruction In 66 of the 216 wrongful convictions overturned by DNA testing, cross-racial eyewitness identification was used as evidence to convict an innocent defendant Cross-racial identification is when the witness and the defendant being identified are of different racial backgrounds
2017 :: New York Court of Appeals Decisions - Justia Law In lieu of mandating a cross-racial identification charge, the Task Force recommended that the instruction should be included only "in cases in which cross-racial identification is an issue" (New York State Justice Task Force, Recommendations for Improving Eyewitness Identifications at 5)
Chapter 3 Eyewitness Identifications - University of North Carolina at . . . This was a case of cross-racial identification, and race played an important role in the wrongful conviction of Shawn Massey, beginning with the police and prosecutor’s misinterpretation of the witness’s description of the perpetrator
MODEL EYEWITNESS IDENTIFICATION INSTRUCTION - Mass. gov This instruction should be given in any case in which the jury heard eyewitness evidence that positively identified the defendant and in which the identification of the defendant as the person who committed or participated in the alleged crime(s) is contested
View Document - Washington Criminal Jury Instructions - Westlaw The court may use this instruction as appropriate when evidence has been presented concerning an identification made by an eyewitness either at trial or pretrial, whether or not expert testimony on the subject was presented Use bracketed language regarding cross-racial identification if requested See Comment
More Than Meets the Eye in Cross-Racial IDs The Appeals Court held, “In a case in which a witness’s identification of the defendant is at issue, and the identifying witness and defendant appear to be of different races, a trial court is required to give, upon request, during final instructions, a jury charge on the cross-race effect ”