In drug prosecutions in the state courts of Massachusetts, expert witnesses may not present negative profiling evidence. In Commonwealth v. Horne, 476 Mass. 222 (2017), it was determined that the prosecution may not present evidence that “since the defendnat did not meet the physical characteristics of a drug addict, he must be a drug dealer.” The case highlights that the Commonwealth can’t use:
- Profiling Evidence;
- Negative Profiling Evidence; or
- Comparisons to Negative Stereotypes against the Defendant in a Criminal Trial.