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

TRIAL PROCEDURES & EVIDENTIARY ISSUES
Evidential basis for admission of Hearsay Evidence
Rule 803 (a) (3)
Contours of Henderson Hearing
Defendant must make showing that a system variable may
have led to suggestivenesss
Compliance with AG Guidelines good way to avoid
threshhold being met
Variance will result in a hearing in almost every circumstance
Henderson opinion empowers trial courts to cut off hearings
if suggestiveness not shown by other circumstances being
presented
But most will require witness to testify which we want to
avoid