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  •  Oregon Supreme Court (2+ / 0-)
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    se portland, JML9999

    weighs in in eyewitness testimony.

    This week, in an opinion that attempts to raise the bar on how eyewitness identifications are handled in court, the Oregon Supreme Court ordered a new trial for Lawson and set comprehensive new guidelines on the admissibility of such identifications — standards that recognize new scientific research on the fallibility of human memory in pointing to the perpetrators of crimes.

    Under the new standards, applicable only in Oregon, the prosecution now bears the burden of establishing first that eyewitness testimony meets admissibility standards under standard rules of evidence, and that the identification is rationally based on the witness’ own perceptions.

    “We think we’re sort of ahead of the game now,” said Matthew McHenry, a Portland lawyer who filed a friend-of-the-court brief on behalf of the Innocence Network. “My understanding is we are one of the first states to have this kind of science recognized by our highest court, and I think what [the Innocence Network] hopes to do with it is use Oregon as an example of what should be when they file these kinds of cases in other states.”

    I'd love someone to start the ball rolling on jailhouse snitches.

    "The human eye is a wonderful device. With a little effort, it can fail to see even the most glaring injustice." Richard K. Morgan

    by sceptical observer on Sat Dec 01, 2012 at 12:56:03 PM PST

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