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

40 Pages Posted: 14 Jul 2006 Last revised: 28 Dec 2011

Timothy O'Toole

affiliation not provided to SSRN

Giovanna Shay

affiliation not provided to SSRN

Date Written: 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.

Keywords: eyewitness, identification, Manson

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: https://ssrn.com/abstract=914504

Timothy O'Toole

affiliation not provided to SSRN ( email )

No Address Available

Giovanna E. Shay (Contact Author)

affiliation not provided to SSRN

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