Md. Court of Appeals Divided On Cross-Racial Id Instruction
The Daily Record (Baltimore) › March 03, 2009
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Summary
The judge in a burglary trial was wrong to instruct the jury that "there is no particular reason" to think research on cross-racial identification applies in real-life criminal cases, the state's top court has held.
A strong dissent in the case, meanwhile, called for lawyers in future cases where the cross-racial identification theory is raised to seek a hearing on its scientific basis.See the full content of this document
Extract
Md. Court of Appeals Divided On Cross-Racial Id Instruction
The Court of Appeals held 4-3 that the jury instruction, requested by the state and approved by the judge over a defense objection, was a misleading partial quote of the court's own landmark case on the difficulties people of one race sometimes have in identifying individuals of another.
"The proffer was an inaccurate statement of the law, and, as a result, we hold that it w...See the full content of this document
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