Major Victory for Eyewitness Identification Reform in Oregon…

The Oregon Supreme Court issued a landmark ruling yesterday regarding eyewitness identification testimony. The opinion in Oregon v. Lawson is here. News coverage here. Based on the Court’s press release, the Lawson opinion does at least the following four things:

1. eliminates the flawed Manson balancing test

2. places the burden on the state to establish all preliminary facts necessary for the admissibility of eyewitness identification evidence

3. places at issue the totality of the circumstances in evaluating the admissibility of eyewitness identification evidence

4. recognizes, and requires that courts act in a manner consistent with, the vast body of scientific research in the area of eyewitness identification and memory.