. The New Hampshire Supreme Court had taken the opposite view, as had several federal appeals courts and other courts.
In the specific case before the Court, the witness, who had called police to check on a black man allegedly breaking into autos in the parking lot of her apartment complex, was questioned by a police officer in the building. She then went to the kitchen window of her apartment, looked out, and identified a suspect in the parking lot — the only black person standing next to a police officer who had come to investigate. About a month later, though, that witness could not pick out the same person from an array of photos shown to her by police.
The Court noted that, most of the time, it is up to state or lower federal courts to decide on issues of when evidence will be admitted. Thus, the Court’s ruling on Wednesday may not be the last word on the possible filtering of eyewitness testimony. In a widely noted recent ruling, for example, the New Jersey Supreme Court has imposed some new limitations on the admission of such evidence because of the high potential it perceived of wrong eyewitness accounts (State v. Henderson, August 24, 2011).
The decision came in the case of Barion Perry of Nashua, N.H., who was convicted of unauthorized taking of private property, and was sentenced to three to ten years in prison. The woman who had picked him out in the still-dark morning hours of August 15, 2008, in her apartment’s parking lot testified against him at the trial, over defense objection that her identification at the scene was the result of the suggestive circumstances that Perry was the only black man in the parking lot then. At the trial, she could not identify Perry as the car burglar.
In rejecting his challenge based upon the Constitution’s Due Process Clause, the Court majority on Wednesday said the main rationale behind a string of Court precedents going back to 1967 was to deter police from arranging witness identifications in such a way that were so suggestive that the witness basically had no choice but to pick out the suspect on whom police were focusing. That deterrence rationale, Justice Ginsburg wrote, would not be in play if, in a given case, the police had not arranged the identification in a suggestive way.
The disagreement between the Ginsburg opinion for the Court and Justice Sotomayor’s dissent was the differing way they interpreted the Court’s precedents. The Ginsburg opinion said that every one of them had involved a factor of police arrangement of a witness interview so that it would be suggestive, while the Sotomayor opinion said all of those were pointed at the suggestive nature of the eyewitness identification, whether or not arranged by police.
While Justice Ginsburg insisted that the Court was not limiting the exclusion of eyewitness testimony only to those situations in which the police had intentionally arranged for the identification to be suggestive, Justice Sotomayor countered that the language the Court opinion had used indicated that the Justices were adopting a new standard so that no screening would be done of any eyewitness account by the judge unless police had intended to make it suggestive.
Justice Sotomayor chastised the Ginsburg opinion for failing to take adequate account of a host of new studies that, Sotomayor said, show conclusively how wrong eyewitness testimony often is. She noted that one study showed that “a staggering 76 percent” of the first 250 convictions overturned on the basis of DNA evidence since 1989 had involved eyewitness misidentification. The dissenting opinion said “study after study demonstrates” the same thing.
The Ginsburg and Sotomayor opinions diverged also over the question of whether a broadening of the category of eyewitness accounts barred because of suggestive circumstances would have a real impact on the criminal justice system. Justice Ginsburg said that, if the Court ruled as Perry and the dissenting opinion had urged, it would “open the door to judicial preview, under the banner of due process, of most, if not all, eyewitness identifications.” Justice Sotomayor answered that, in the four federal Circuits where the broad approach had been taken, there has been no such effect.
Justice Clarence Thomas, while he joined the Ginsburg opinion, wrote separately to argue that the Court should confine its prior precedents on the constitutional issue to the factual situations in those cases.
School boards have tremendous power in shaping whether the children in your community get a good education.
Halfway through our #GetEducated Week of Action, host Lisa Hollenbach sits down with Lisa Longo, political consultant and former school board president to discuss why these school board races matter so much for our kids.
A former environmental activist, Longo brought her expertise in energy efficiency with her when she became a school board president in Pennsylvania. She organized the board to approve energy-efficient infrastructure improvements to the school buildings in their district. This created healthier school environments for students, faculty and staff while saving on energy costs.
Longo’s experience is only one example of how you can bring your ideas and expertise to life in your school community. You have skills. Your community would benefit from them. Share them here, but also share them with your neighbors.
Feeling down today. I didn't get the house we put the offer on. It turned into a bidding war and they had 10 offers. 😭I also am dreading the work week. It is so grey outside. I feel fat and none of my clothes fit. The only happiness is food and I'm still trying to get the hang of what to eat. Trying to get more fruits and veggies in... just all around sad today. The emotions are really annoying me. We should have results from blood work soon. I'm scared too. So much anxiety and stress. 

Edit: my day just got so much better! We got the genetic results and our little one is at low risk for abnormalities! We are so happy and relieved. Now we can start telling people. 🙂I think this is a huge mistake. Since you can easily lose things, it makes more sense to have money be easier to come by and make the game feel like less of a grind. Or like others have said, have daily quests with decent rewards.

With loot containers having a chance of having nothing and low spawn rates for valuable items and now cutting down the value of valuable items, it has become a huge grind. Another problem is good loot is concentrated in a few places instead of spread out evenly, making it harder to extract with things.

And yet another problem is that prices for some things are still far too high for what they do. Like the mechanic's guns for bitcoins for the most part are hilariously bad trades, even now. 

So yeah, I think its a mistake to do when a lot of mitigating factors aren't implemented yet.Most of us, at one time or another, have looked at an item and thought That would make my life so much better now if only I had the money to buy it. Credit is the solution used by many people in this dilemma. In many ways, it is as though a bank were saying to the person No problem, you can have that item. Ill pay for it now, and you can pay me back over time. In this, the bank is acting as the generous friend who reassures you that you can have what you want without needing to worry unduly about how you’re paying for it. The major problem with that is that banks need to make their money back, and are not your friends.
A friend would, in most cases, be willing to forego some of the money if you really couldnt pay it back. They would understand your good intentions and would know that some day you would do them a favor for which they would be thankful. Banks do not and cannot operate in this way, as their business relies on being strict with how they control credit. They cannot afford to be your friend. So when you borrow money from a bank and cannot pay it back, suddenly you are on your own.
For this reason it makes sense to be very careful when borrowing from a bank. It really makes sense to be careful with any borrowing no-one likes letting a friend down. But when banks are involved, being in debt can be a very lonely experience.Bryan, Texas
B.B.A. in Accounting or Finance
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What voice over skills does Vishal Rameshbabu perform?You don’t have to look very far to be offended, see injustice, or experience something that seems unfair or hurts the heart. Sometimes it feels that there are more things happening out there that are wrong than right. Lately, as some big fat question marks plaster my world, I’m slowly realizing that there is a possibility that I may be asking all the wrong questions.
When stuff like this happens, when there is a loss, when the unfair and unjust occurs–the question is not, “Why do bad things happen to good people?” If this is the question being asked, then the answers we come up with (if any) will never be satisfactory or come close to satisfying our souls. There are things that happen that we may never