Eyewitness Identification Reform in Oregon
In the 2013 State v. Lawson case, the Oregon Supreme Court introduced a new admissibility test for eyewitness identification evidence. The test requires that any proponent of eyewitness evidence must bear the preliminary burden of showing that the testimony is based on the witness’s personal knowledge of all the facts to which s/he will testify, and prove that the identification was rationally based on the witness’ first hand perceptions and will be helpful to the trier of fact. In response to Lawson, law enforcement agencies have implemented evidence-based best practices, including blind/blinded administration, witness instructions, proper fillers and witness confidence statements.