Citing the vagaries of human memory and a host of other factors, the state Supreme Court on Wednesday changed the rules for trial judges and juries considering eyewitness identification of suspects in criminal cases.
The Court, adhering largely to recommendations made by a special master last June, held in State v. Henderson, A-8-08, that the standard for evaluating eyewitness identification that has been in use for 34 years can no longer be relied on, because it does not take into account the possible factors that could lead an eyewitness — even one absolutely sure in his or her own mind that an identification is accurate — to be completely wrong.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
