Eyewitness Identification Procedures (Part 1)

by | May 20, 2019 | Blog, Criminal Law, Legal Procedures, Monmouth County, New Jersey, Ocean County

On March 13, 2019, the New Jersey Supreme court decided the Essex County case of State v. Ibnmauric Anthony. The principal issue involved the required procedures surrounding eyewitness identifications and the remedies for failures to follow the procedures. Chief Justice Rabner wrote for a 6-1 majority, with Justice Albin filing a dissent.

The Chief Justice held in relevant part as follows: This appeal raises issues about the process law enforcement officers must follow when they ask eyewitnesses to try to identify a suspect.  Specifically, this appeal poses questions about the precise meaning and scope of Rule 3:11 as well as the proper remedies when State v. Delgado, 188 N.J. 48, 63 (2006), and the Rule are violated.

Today’s ruling addresses the following points:  (1) it clarifies Rule 3:11 and emphasizes that law enforcement officers are to record identification procedures electronically, preferably by video, if feasible; (2) it requires officers to document their reasons for not recording an identification procedure electronically or preparing a contemporaneous, verbatim written account of the process; (3) it modifies State v. Henderson, 208 N.J. 208 (2011), and holds that defendants are entitled to a pretrial hearing on the admissibility of a witness’ identification when no electronic or contemporaneous, verbatim written recording of the identification procedure is prepared, even without evidence of suggestiveness on the part of law enforcement; and (4) it proposes a change to the model jury charge for use when Delgado and Rule 3:11 are not followed.

False identifications are the leading cause of wrongful conviction in cases of DNA exoneration. A major reason for this is that many people honestly, but mistakenly mis-identify suspects for a variety of reasons. An honest, but mistaken belief is difficult to expose through cross-examination because the witnesses’ demeanor does not betray them like it does in cases of uncertainty or intentional false testimony.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is the best! He is extremely professional and kept constant contact so I was always in the loop. My charges got dismissed and I couldn't be happier. Would highly recommend!
Ryan T
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is knowledgeable and he has great working relationships with the courts. He HONESTLY is seeking the best deal for you he is not all about the money!! Thanks Fred you saved me BIG TIME!!
Casey B
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is fast, attentive and excels at what he does. He provides reasonable and professional advice when your are dealing with complex and stressful legal situations. He is straight to the point and does not wast time. I would use him again and definitely recommend.
1093Nj
Google star 1Google star 2Google star 3Google star 4Google star 5
The Best To Ever Do It :)
Sergio A
Google star 1Google star 2Google star 3Google star 4Google star 5
Great guy got me out of a lot of legal trouble highly recommended.
Frank S
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was incredibly helpful during a very stressful time. Even during a pandemic he was fast at responding to any and all questions or problems that I had. He went above and beyond to make sure that I was happy with my results and that my case was being handled properly all the way through. Highly recommend this office!
Toni V
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto is an excellent attorney who works diligently and thoroughly to support, advise, and guide you through your legal difficulties. He is down-to-earth, advises you well, and his cost is comparable and well-worth it based on the service and expertise that he provides. Fred was able to get me the best possible outcome for my situation based on the possibilities and he was direct and honest with me throughout the process. John McDonnell
John M
Google star 1Google star 2Google star 3Google star 4Google star 5
Many thanks to Fred for the posts of where the DWI checkpoints will be held and for the advise to take an Uber when planning a night out!!
Michael K
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto was not only a knowledgeable and excellent lawyer, he was compassionate and understanding during this difficult time. I found Mr. Sisto to always be available and he services were affordable and effective. You will not find a better lawyer.
Joseph S
Google star 1Google star 2Google star 3Google star 4Google star 5
Worst Attorney I have ever encountered he will WASTE your time and steal your MONEY. Don't RECOMMEND!
Patric W