Penal procedure: eyewitness identification: the Due
Process Clause does not require a preliminary judicial inquiry into the
reliability of an eyewitness identification when the identification was not
procured under unnecessarily suggestive circumstances arranged by law
enforcement; the Constitution protects a defendant against a conviction based
on evidence of questionable reliability, not by prohibiting introduction of the
evidence, but by affording the defendant means to persuade the jury that the
evidence should be discounted as unworthy of credit. Only when evidence “is so
extremely unfair that its admission violates fundamental conceptions of
justice,” Dowling v. United States, 493 U. S. 342, 352,
does the Due Process Clause preclude its admission; due process requires courts
to assess, on a case-by-case basis, whether improper police conduct created a
“substantial likelihood of misidentification.”; the due process check for
reliability, Brathwaite made
plain, comes into play only after the defendant establishes improper police
conduct; the fallibility of eyewitness evidence does not, without the taint of
improper state conduct, warrant a due process rule requiring a trial court to
screen the evidence for reliability before allowing the jury to assess its
creditworthiness (U.S.S.Ct., 11.01.12, Perry v. New Hampshire, J. Ginsburg).
Showing posts with label Penal procedure: eyewitness identification. Show all posts
Showing posts with label Penal procedure: eyewitness identification. Show all posts
Wednesday, January 11, 2012
Perry v. New Hampshire
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