NCJ Number
102980
Journal
Cornell Law Review Volume: 69 Issue: 5 Dated: (June 1984) Pages: 934-987
Date Published
1984
Length
54 pages
Annotation
This study reviews research data on cross-racial suspect identifications, considers the adequacy of existing legal protections against cross-racial misidentifications, and addresses the propriety and effectiveness of two potentially ameliorating measures.
Abstract
Research indicates that the risk of suspect misidentification is greatest when white persons attempt to identify black faces. This risk is aggravated by dimensions of racial discrimination operative in identification procedures and trial deliberations. Suppression hearings, cross-examination, and closing argument do not adequately protect against cross-racial recognition impairment. Neither expert testimony nor cautionary jury instructions are optimal means for ameliorating the effects of cross-racial misidentification. A routine stipualtion between prosecutor and defense attorney summarizing the data on cross-racial misidentification would be the most desirable ameliorative approach. The next best alternative would be a data-laden judicial instruction delivered prior to the eyewitness testimony. The acceptance of these approaches by judges and prosecutors is not likely, however, due largely to a fear of raising racial issues in the trial. 281 footnotes.