SCOTUS CASE: Perry vs. New Hampshire
Issue: In a criminal case, is a court required to exclude eyewitness identification evidence whenever the identification was made under the circumstances that make the identification unreliable because they tend to suggest that the defendant was responsible for the crime, or only when the police are responsible for the circumstances that make the identification unreliable.
Basically in this case Barion Perry, the guy who is being prosecuted for breaking into someone's car. The thing that is making this case so difficult is because the person who saw him do it, could not identify him what so ever. When the cops put him in a line up she had no clue who it was. To me she pretty much took a wild guess there perry came out. The information being used in this case isn't reliable information because they are not sure if the police were their or not. The eyewitness was not sure if perry was the person or not and they are trying to say that the police were there but then again they are now going to have to put the case on hold because the they don't have enough evidence.
Basically in this case Barion Perry, the guy who is being prosecuted for breaking into someone's car. The thing that is making this case so difficult is because the person who saw him do it, could not identify him what so ever. When the cops put him in a line up she had no clue who it was. To me she pretty much took a wild guess there perry came out. The information being used in this case isn't reliable information because they are not sure if the police were their or not. The eyewitness was not sure if perry was the person or not and they are trying to say that the police were there but then again they are now going to have to put the case on hold because the they don't have enough evidence.
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