A Check on Bad Eyewitness Identifications
The Oregon Supreme Court in a unanimous decision last week upended how eyewitness identification is to be used in criminal trials. The landmark ruling shifts the burden of proof to prosecutors to show that such identification is sufficiently reliable to be admissible as evidence at trial. Misidentification is the country’s leading cause of wrongful convictions. By altering the legal standard, Oregon has set an example that other states and the federal courts would be wise to follow.
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