Cross-racial identification (as it relates to Benchbook para. 7-7-2, eyewitness identification)

bestmilitarydefenseucmjdefenselawyer11This instruction should be given if cross-racial identification is in issue. The merefact that an eyewitness and the accused are of different races does not require instruction – cross-racial identification must be a “primary issue” in the case . United States v. Thompson , 31 M.J. 125 (C.M.A. 1990). J. Variance. Benchbook, paras. 7-15 and 7-16.