In a case that was recently argued before the Supreme Court, questions have arisen regarding the reliability of eyewitness testimony.
In Perry v. New Hampshire, the State Supreme Court ruled that a trial judge “cannot exclude witness identification based on suggestive circumstances, unless there was improper police manipulation of the identification” (e.g. witness tampering and threats)–the ruling was subsequently brought to the Supreme Court.
The issue raised in the hearing was that, in a criminal case, should a court required to exclude eyewitness identification evidence, especially if the identification of the defendant was made under circumstances that make the it unreliable? So far, there has been no opinion from the Court published.