Gothamist

A non-profit newsroom, powered by WNYC.

Gothamist

WNYC Listen Live

Donate

 

 

News

NJ Court Changes Guidelines For Eyewitness IDs, Testimony


By

Chris O'Shea

Published Aug 25, 2011

Modified Aug 25, 2011


Share

FacebookTwitterRedditEmail


Never miss a story

 Email address

By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .


By

Chris O'Shea

Published Aug 25, 2011

Modified Aug 25, 2011


Share

FacebookTwitterRedditEmail


We rely on your support to make local news available to all

Make your contribution now and help Gothamist thrive in 2026. Donate today

Gothamist is funded by sponsors and member donations

The New Jersey Supreme Court is making some changes that will make it easier for defendants to challenge eyewitness accounts. As more cases shed light on just how unreliable eyewitness testimony can be (two of the "West Memphis Three," who were were recently freed, were convicted based largely on eyewitness testimony), the court is saying that the now 34-year-old guidelines set by the U.S. Supreme Court need an update.

Stuart Rabner, the New Jersey court's chief justice, wrote in a letter about the changes, "From social science research to the review of actual police lineups, from laboratory experiments to DNA exonerations, the record proves that the possibility of mistaken identification is real. Indeed, it is now widely known that eyewitness misidentification is the leading cause of wrongful convictions across the country."

The ruling means that whenever a defendant presents evidence that an eyewitness's testimony is tainted, the judge must hold a hearing and consider factors that might have influenced the account. As you can guess, that can be a lot of things, from time of day, to how much time has passed since the incident, to whether the witness was drunk, and more. When an eyewitness's testimony is disputed, the judge must immediately go over all the factors and present them to the jury. In the past, the judge would still do this, but not every single time.

The decision is likely to have a widespread impact on the nation's judicial system, because New Jersey's Supreme Court is seen as a trend-setter in the criminal law world. Perhaps New Jersey residents can focus on being proud of that, and now maybe put some of the other stuff the state is known for behind them.

Tagged

crime

criminal law

Justice

justice system

new jersey

supreme court


Chris O'Shea

Read more

Gothamist is funded by sponsors and member donations


Gothamist is funded by sponsors and member donations


MORE news

3 slates vying to run Jersey City school board as city stares down major tax hikes

The incumbent slate, formerly backed by the teacher's union, lost that influential support over public arguments and controversies.

By

Michael Sol Warren

Published Oct 24, 2026 at 8:00 a.m. ET


5 men charged with trespassing in 2 Manhattan manhole cases

Two people who were found soaking wet and smelling of sewage say they went underground to look for jewelry, according to police and a criminal complaint.

By

Charles Lane

News

5 men charged with trespassing in 2 Manhattan manhole cases

Two people who were found soaking wet and smelling of sewage say they went underground to look for jewelry, according to police and a criminal complaint.

By

Charles Lane


6-year-old girl breaks leg after getting hit by falling bricks in Queens

By

Charles Lane

Mamdani extends ban on permits for new street fairs due to NYPD overtime

By

Carol Chen

Inside the Midtown Bus Terminal rebuild: Decks over Lincoln Tunnel approach, a new park

By

Ramsey Khalifeh


Never miss a story

Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.

Sign upEmail address

By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .