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http://ssrn.com/abstract=914504
 
 

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Manson V. Brathwaite Revisited: Towards a New Rule of Decision for Due Process Challenges to Eyewitness Identification Procedures


Timothy O'Toole


affiliation not provided to SSRN

Giovanna Shay


Western New England University School of Law

2006

Valparaiso University Law Review, Vol. 41, p. 109, 2006

Abstract:     
A major cause of wrongful convictions is mistaken eyewitness identification. The leading Supreme Court case governing due process challenges to identification procedures, Manson v. Brathwaite, is almost 30 years old, and does not account for decades of social science research on eyewitness identification. In fact, parts of the Manson test designed to ensure reliability run counter to research findings. In this piece, O'Toole and Shay describe the problems with the Manson test, and, drawing on a theoretical framework introduced by Professor Mitchell Berman and employed by Professor Kermit Roosevelt, propose a new rule of decision for due process challenges to identification procedures.

Number of Pages in PDF File: 40

Keywords: eyewitness, identification, Manson

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Date posted: July 14, 2006 ; Last revised: December 28, 2011

Suggested Citation

O'Toole, Timothy and Shay, Giovanna, Manson V. Brathwaite Revisited: Towards a New Rule of Decision for Due Process Challenges to Eyewitness Identification Procedures (2006). Valparaiso University Law Review, Vol. 41, p. 109, 2006. Available at SSRN: http://ssrn.com/abstract=914504

Contact Information

Timothy O'Toole
affiliation not provided to SSRN ( email )
No Address Available
Giovanna E. Shay (Contact Author)
Western New England University School of Law ( email )
1215 Wilbraham Rd.
Springfield, MA
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