Can a state witness be cross-examined as to whether he had a generalized prejudice against black persons?

California, United States of America


The following excerpt is from Anthony P., In re, 167 Cal.App.3d 502, 213 Cal.Rptr. 424 (Cal. App. 1985):

"[W]e find no basis for the trial court's limitation of cross-examination as to whether the state witness possessed a generalized prejudice against black persons. While the court's determination to limit cross-examination should not be disturbed absent an abuse of discretion, [citation omitted] we conclude that the present case involves such an abuse of discretion. In balancing considerations of unfair prejudice with the probative value of questions regarding a witness's racial bias, such questions have elsewhere been found proper and not unfairly prejudicial. [Citations omitted.]" (Smith v. State (1st Dist.1981) 404 So.2d 167, 168-169.)

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