State v. Lawson
Oregon Supreme Court
352 Or. 724 (2012)
- Written by Salina Kennedy, JD
Facts
The court considered two cases in which the reliability of eyewitness identification evidence was called into question. Amici curiae submitted data and analysis to the court concerning the current scientific research on eyewitness perception and memory, and the court took judicial notice of the data cited in the amicus briefs. Specifically, the court noted the existence of two kinds of variables that have the potential to affect the reliability of eyewitness-identification evidence: system variables and estimator variables. System variables, such as the design of a lineup or the way an eyewitness is questioned, are those within the control of the state officials who administer identification procedures. These variables can be manipulated by officials to create suggestive procedures that might prompt a witness to falsely identify a suspect. Estimator variables, such as the mental acuity and attention of a witness, the physical characteristics of an alleged perpetrator, or environmental conditions, are outside the control of state officials. Although estimator variables cannot be manipulated by state officials, they can affect the reliability of a witness identification and must be considered if assessing whether eyewitness testimony is admissible at trial.
Rule of Law
Issue
Holding and Reasoning (De Muniz, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
