Perry v. New Hampshire
A plain-English summary from Criminal Defense Resources™, a free resource for pro per/pro se defendants and their families.
General educational information, not legal advice. Not a law firm. This page describes what a court decided in general terms. It does not tell you what to do in any case.
- Court
- U.S. Supreme Court
- Decided
- Citation
- 565 U.S. 228 (2012)
What did the court decide?
The Court held that the Due Process Clause requires a preliminary judicial check on the reliability of an eyewitness identification only when the police arranged the suggestive circumstances. Other suggestive circumstances are left to safeguards such as cross-examination and jury instructions.
Why does it matter?
It limits when a court must screen an identification before trial: the key question is whether police created the suggestive situation.
Where can I read the full opinion?
Read the full opinion on Cornell Law School LII →
Always read the full opinion and check whether later cases have limited or changed it. A summary can leave out important details.
Related rulings
General educational information, not legal advice. Not a law firm.