9th Circuit Affirms Exclusion of Testimony from Criminal Defendant's Sociologist

The Ninth Circuit has published an opinion upholding the trial court's exclusion of expert evidence from a sociologist, offered to support a criminal defendant's contention that he was smuggling the drugs under duress. The sociologist would have testified that the defendant's reluctance to approach the Mexican police for help was consistent with general Mexican attitudes toward law enforcement, in view of widespread government corruption and the reach and power of Mexican drug cartels. The panel affirmed the trial court's exclusion of the expert's testimony as more prejudicial than probative. See United States v. Verduzco, No. 03-50044 (9th Cir. June 29, 2004) (Bright, O'Scannlain, & McKeown, JJ.).