Supreme Court of Alaska on IDs

An important ruling today from the Supreme Court of Alaska – jettisoning the Supreme Court’s 1977 Manson v. Brathwaite framework in favor of more detailed and more research-informed set of factors, recommending pre-trial hearings, jury instructions, and use of experts on eyewitness memory – (and then finding any errors in the particular case harmless). The ruling cites the National Academy of Sciences report “Identifying the Culprit,” as well as a raft of research on eyewitness memory, and rulings by state supreme courts in New Jersey and Massachusetts.  It notes how more and more state courts have discarded or departed from the federal due process test.

Published by BGarrett

Professor of Law, Duke University

Leave a comment

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: