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Do you think the NJ and OR judiciaries overstepped their bounds in their unilateral adoption of advanced reliability criteria?

November 23, 2022
Christopher R. Teeple

The New Jersey Supreme Court in State v. Henderson took extraordinary steps to conform the state’s judicial evaluation of eye witness identification reliability with lessons learned from three decades of exoneration data and scientific research. To date, only one other state supreme court (Oregon) has taken similar measures. We have also seen numerous law enforcement jurisdictions adopt best practices to mitigate against identification contamination by state actors.

Write an initial post responding to the following questions:

Do you think the NJ and OR judiciaries overstepped their bounds in their unilateral adoption of advanced reliability criteria?

Do you think reform efforts should be left to law enforcement agencies alone for implementation?

Is a combined effort the best approach? Are any reforms really necessary?

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