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, instructing (1) that the jury should consider whether there is a difference
in race between the
defendant and the witness who identified the
defendant, and (2) that, if so, the jury should consider (a) that some people have greater difficulty
in accurately identifying members of different race than
in accurately identifying members of their own race and (b) whether the difference
in race affected the accuracy of the witness's identification.
An Illinois federal court has considered whether the
final defendants in a long - running antitrust
case were entitled to judgment.