Tag Archives: NJ Supreme Court decisions

Eyewitness Evidence Critique May Help In Harassment Defense

By: James P. Flynn

The New Jersey Supreme Court issued a lengthy, sweeping decision on August 24th on the standards for evaluating eyewitness testimony in criminal cases that is garnering national, and even international, attention.  See NY Times report at http://www.nytimes.com/2011/08/25/nyregion/in-new-jersey-rules-changed-on-witness-ids.html ; Wall Street Journal report at  http://blogs.wsj.com/law/2011/08/24/new-jersey-high-court-alters-witness-identification-standards/ ; Reuters report at  http://www.reuters.com/article/2011/08/25/us-crime-witness-id-idUSTRE77O8DA20110825 . Though the case entitled State v. Larry Henderson and its companion case entitled State v. Cecilia, both available at http://www.judiciary.state.nj.us/opinions/index.htm,  involved eyewitness identification testimony, the Supreme Court dealt at great length with more general issues eyewitness testimony and “how memory works.”  Those parts of the opinion may be especially helpful in challenging the memory of plaintiffs and witnesses in employment cases generally, and in hostile environment claims in particular.

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