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

This article argues against adopting cross-racial jury instructions and against allowing cross-racial identification experts to testify at criminal trials. Problems of cross-racial identification evidence are not solved by requiring trial judges to tell juries that all cross-racial identifications are suspect, when that is not necessarily the case, nor by enlisting identification experts to testify at trial that, in general, cross-racial witnesses 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 issue. Problems inherent in cross-racial identifications are instead best addressed by taking measures to prevent mistaken identifications in the first place, such as improving line-up procedures. Unlike special jury instructions or experts, improved line-up procedures could enhance the reliability of the identification itself and consequently the integrity of the verdict in a criminal trial.