Perry v. New Hampshire
Up for discussion today in the Community is the pending case Perry v. New Hampshire, set for oral argument on November 2. At issue in the case is whether the Due Process Clause forbids the use of all eyewitness identifications that are made under suggestive (and therefore perhaps unreliable) circumstances, or only identifications obtained as a result of suggestive circumstances orchestrated by the police. The case takes on a degree of heightened interest insofar as (1) the Court has not addressed eyewitness identifications since 1977 (Manson v. Braithwaite); and (2) substantial evidence has mounted in recent years concerning potential problems with the reliability of eyewitness testimony.
We look forward to your discussion on the topics below.