(C)  Bias Against the Defendant.  The defendant’s immigration status or language ability, of course, can strengthen the prosecution’s case by prejudicing the court or jury against the defendant:  “Sometimes the inflammatory character of these [factors] is so great that it overwhelms the judge’s or jury’s capacity to appraise the defendant’s case objectively, so that s/he may be convicted even on weak proof of identity and strong alibi testimony.” [13]  See § 3.4, supra.

[13] A. Amsterdam, I Trial Manual for the Defense of Criminal Cases [202], pp. 340-341 (1988).

CRIM DEF - COLLATERAL CONSEQUENCES OF CRIMINAL CASES BIBLIO
American Bar Ass'n Comm'n on Effective Criminal Sanctions & Public Defender Service for the District of Columbia, Internal Exile: Collateral Consequences of Conviction in Federal Laws and Regulations (January 2009), http://www.abane t.org/cecs/internalexile.pdf