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Posted: July 9th, 2022
Do you think the NJ and OR judiciaries overstepped
Model 6
Name
Institution
Do you think the NJ and OR judiciaries overstepped their bounds in their unilateral adoption of advanced reliability criteria?
No. the NJ and OR judiciaries did not overstep their bounds. It is their duty to establish if the criterion was impermissibly suggestive and if it is so, if the procedure led to a very substantial possibility of irreversible misidentification. Furthermore, it was their duty to weigh the reliability factors to determine whether the evidence should be admitted or not. As such, they were prompted to look into variables that affect the reliability of eyewitness identifications, i.e., system variables, such as lineup procedures that are within the control of the state and estimator variables, which are aspects related to the perpetrator, witness, and event like lighting, distance and stress. Notably, unilateral adoption of advanced reliability criteria also serves to determine the witness’ degree of attention, witness’ accuracy, witness’ chance to view the individual when the crime was committed, the time between confrontation and crime and the degree of certainty at the time of confrontation.
Do you think reform efforts should be left to law enforcement agencies alone for implementation? Is a combined effort the best approach?
No. The reform efforts should not be left to law enforcement agencies alone for implementation. It should be a combined effort as such reforms touch on the various departments of justice, and thus need a collaborative approach for them to be successful. More so, the combined approach serves to fasten the implementation of the reforms.
Are any reforms really necessary?
Yes. Reforms are very necessary. This is to ensure that they conform to our ever changing world. Also, reforms are needed to make the delivery of justice effective and efficient. It is important to note that reforms also purpose to fix some errors present in the current justice system. Therefore, such reforms may aim to improve the processes of getting eyewitness accounts, identification of perpetrators by eyewitnesses, prioritizing rehabilitation of criminals, changing sentencing laws, etc.
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