State v. Henderson and the New Model Jury Charges - New Jersey ...

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a-8-08.opn.html possible shortcomings of the Manson/Madison test in light of more recent scientific research; And this Court having determined on prior occasions that when resolution of a critical issue depends on a full and complete record the Court should await, before decision, the development of such a record, State v. Moore, 180 N.J. 459, 460-61 (2004); Am. Trucking Ass’ns v. State, 164 N.J. 183, 183- 84 (2000); see also Herrera, supra, 187 N.J. at 504; And the Court having heard argument of the parties and having concluded that an inadequate factual record exists on which it can test the current validity of our state law standards on the admissibility of eyewitness identification; And the Court having concluded that, until such a record is established, the Court should not address the question of the admissibility of the eyewitness identification presented in this case; And for good cause appearing; It is ORDERED that the matter is remanded summarily to the trial court for a plenary hearing to consider and decide whether the assumptions and other factors reflected in the two-part Manson/Madison test, as well as the five factors outlined in those cases to determine reliability, remain valid and appropriate in light of recent scientific and other evidence; and it is further ORDERED that, subject to any rulings by the trial court regarding the proofs to be submitted on remand, defendant and the State each shall present before that court testimony and other proof, including expert testimony, in support of their respective positions; and it is further ORDERED that the Attorney General of New Jersey and the Office of the Public Defender, as well as amici, The Association of Criminal Defense Lawyers of New Jersey and The Innocence Project, shall each participate in developing the aforesaid record; and it is further ORDERED that on the entry of the trial court’s opinion on remand, the parties and amici shall each have twenty-one days within which to file briefs and appendices in this Court and five days thereafter to file any responding http://njlaw.rutgers.edu/collections/courts/supreme/a-8-08.opn.html[4/15/2013 6:04:23 PM]
a-8-08.opn.html briefs; and it is further ORDERED that on the completion of the briefing, the Court will determine whether additional oral arguments are required; and it is further ORDERED that jurisdiction is otherwise retained. WITNESS, the Honorable Stuart Rabner, Chief Justice, at Trenton, this 26th day of February, 2009. CLERK OF THE SUPREME COURT CHIEF JUSTICE RABNER and JUSTICES LONG, LaVECCHIA, ALBIN, WALLACE, RIVERA-SOTO, and HOENS join in the Court's Order. SUPREME COURT OF NEW JERSEY NO. A- 8 SEPTEMBER TERM 2008 ON CERTIFICATION TO Appellate Division, Superior Court STATE OF NEW JERSEY, Plaintiff-Appellant, v. LARRY R. HENDERSON, Defendant-Respondent. http://njlaw.rutgers.edu/collections/courts/supreme/a-8-08.opn.html[4/15/2013 6:04:23 PM]
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Criminal Litigation Track State v H
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What was Henderson All About? • H
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“Human memory is not foolproof. R
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Non-exhaustive list of system varia
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Blind Lineup Procedures prevent: Ve
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Witness Instructions • Who scored
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Lineup Construction. Did the array
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The Perpetrator was Described as a
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Feedback to Witnesses • Wells and
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Other studies by Wells and his stud
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A Problem: Confidence malleability.
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Showups. •Did the police perform
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Private Actors. •Private Actors =
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Non-exhaustive list of estimator va
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Stress • Identification accuracy
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Weapon Focus ID accuracy is reduced
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Duration • Witnesses frequently o
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Distance • IMPORTANT STUDY: Loftu
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Distance 100 Feet
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Distance 20 Feet
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Distance 271 Feet
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Characteristics of Perpetrator. Was
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Disguise and Identification accurac
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Common belief: Memory Decay
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First, Let’s Identify What Race R
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OWN-RACE BIAS Meissner & Brigham (2
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Must Add: The Court specifically ad
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State v. Henderson, 208 N.J. 208 (2
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4. Distance and Lighting. How close
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Trial “Expert testimony may also
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“Disguises and changes in facial
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a-8-08.opn.html eyewitness identifi
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a-8-08.opn.html an identification i
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a-8-08.opn.html Barry C. Scheck, a
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a-8-08.opn.html XII. Retroactivity
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a-8-08.opn.html broader approach, w
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a-8-08.opn.html Harper slumped over
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a-8-08.opn.html your selection. It
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a-8-08.opn.html said that he “rea
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a-8-08.opn.html 7.2. Defendant appe
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a-8-08.opn.html holds a Ph.D., and
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a-8-08.opn.html court failed to ins
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a-8-08.opn.html experiments, Dr. Pe
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a-8-08.opn.html Applied Cognitive P
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a-8-08.opn.html o.b., 135 N.J. 3 (1
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a-8-08.opn.html convincing than a w
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a-8-08.opn.html reviewed journals.
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a-8-08.opn.html are tied to an incr
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a-8-08.opn.html We review each of t
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Page 146 and 147: a-8-08.opn.html (2006). A simple re
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Page 150 and 151: a-8-08.opn.html The remaining two f
Page 152 and 153: a-8-08.opn.html and appropriate jur
Page 156 and 157: a-8-08.opn.html DECIDED August 24,
Page 158 and 159: a-8-08.opn.html of Illinois: The Il
Page 163 and 164: Overview State v Henderson, decide
Page 165 and 166: Issues and Authorities Involved U.
Page 167 and 168: CHANGES WROUGHT New vocabulary: Sy
Page 169 and 170: Henderson Holding Henderson has ma
Page 171 and 172: RECORDING & DOCUMENTATION REQUIREME
Page 173 and 174: RECORDING & DOCUMENTATION Document
Page 175 and 176: AG GUIDELINES STEP 1: Determine wh
Page 177 and 178: AG GUIDELINES STEP 3: Showing the
Page 179 and 180: Sequential vs. Simultaneous • SEQ
Page 181 and 182: TRIAL PROCEDURES & EVIDENTIARY ISSU
Page 183 and 184: Text of New Court Rules
Page 185 and 186: Estimator Variables 1. Stress. Did
Page 187 and 188: Estimator Variables 7. Memory deca
Page 189 and 190: Important points for litigation 1)
Page 191 and 192: Identification: In-Court and Out-of
Page 193 and 194: ESTIMATOR VARIABLES 1. Stress. Did
Page 195 and 196: Hon. Lisa Rose, J.S.C. Judge Rose t
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