Important Ruling on Eyewitness Identification

On August 24, 2011, the New Jersey Supreme Court issued a lengthy opinion in a case captioned State v. Henderson in which it closely examined and ultimately reversed the way eyewitness identifications are conducted in that state.  Legal commentators believe the opinion will have a nationwide impact because of the amount and thoroughness of study on eyewitness identification contained in the opinion.  For the same reasons, some also speculate the opinion could have an impact on the way federal law enforcement conducts witness identifications.  In the 2011 Term, the Supreme Court of the United States will be taking up this broad area when it hears arguments in Perry v. New Hampshire, No. 10-8974.  Through Ohio SB77 in 2010, some of the reforms mentioned in Henderson were enacted into Ohio law effective July 6, 2010.  General questions and answers about SB77's scope can be found on the website for the Ohio Attorney General.