NJ Supreme Court Orders Changes To Way Eyewitness Identifications Are Used In Trials; Warns Eyewitness Identification Evidence Unreliable | Huffington Post | 08/24/11

The current United States Supreme Court, the h...

Image via Wikipedia

TRENTON, N.J. — New Jersey’s highest court unanimously ordered changes to the way eyewitness identifications are used in court, saying the current system is not reliable enough, fails to deter police misconduct and overstates jurors’ ability to evaluate the evidence.

Currently, a defendant has and will continue to carry the burden of proving there was undue suggestion during the identification process. But now, the Court has ordered that when a defendant can show some evidence of suggestiveness by police, a pretrial hearing must be held to explore it. The Court will now require a system be developed to better explain to juries the potential flaws with eyewitness identifications. The new rules, once they are devised, will apply to future cases and two cases that prompted the ruling.

According to Barry Scheck, co-founder of the Innocence Project (a New York legal center specializing in overturning wrongful convictions):

  • Nationally, eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75 percent of the 273 convictions overturned through DNA testing.
  • Three of the five exoneration cases in New Jersey involved misidentification.
  • The Supreme Court’s ultimate ruling is expected to influence courts in places besides New Jersey because the review was so comprehensive.

For full article see: New Jersey Supreme Court Warns Eyewitness Identification Evidence UnreliableHuffington Post | Beth DeFalco | 08/24/11

Advertisements

About vinhsu

Center City Philadelphia General Practice Law Firm with emphasis on Criminal Defense, Family Law, Immigration, Real Property, and Wills/Trusts/ Estate Planning. Licensed in Pennsylvania and New Jersey.
This entry was posted in Appeal/ Trial Errors, Criminal Law, Defenses/ Immunity, National News, New Jersey and tagged , , , , , , , , , , , , , , , . Bookmark the permalink.

One Response to NJ Supreme Court Orders Changes To Way Eyewitness Identifications Are Used In Trials; Warns Eyewitness Identification Evidence Unreliable | Huffington Post | 08/24/11

  1. Pingback: 34 Years Later, Supreme Court Will Revisit Eyewitness IDs | 08/22/11 | Adam Liptak | New York Times | Vinh P. Su, Esquire

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s