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The Manson Criteria

AI

Amaly Ibrahim

Transcript

THE MANSON CRITERIA

CHAPTER SEVEN

  • -AMALY IBRAHIM

OVERVIEW

OVERVIEW

  • Research suggests that eyewitness testimony is far more prone to be mistaken than one would suppose

  • 76% of cases that relied on the mistaken identifications of eyewintesses were released after DNA proved their innocence

MANSON V. BRAITHWAITE

  • This case was the last judicial word on eyewitness identification
  • It addresses validity of eyewitness identification
  • EX: Was it provided under false methods?

MANSON V. BRAITHWAITE

THE MANSON CRITERIA

  • Was born out of Two Key Cases -Neil v. Biggers (1972) and Manson v. Braithwaite (1977)-
  • It placed an emphasis on FIVE criteria that must be met for the use of eyewitness testimony

THE MANSON CRITERIA

The FIVE criteria:

The FIVE criteria:

  • 1) The witness's opputunity to view the perpetrator
  • 2) The witness's level of attention
  • 3) The accuracy of the witness's previous description of the offender
  • 4) The witness's degree of certainty
  • 5) The amount of time between witnessing the crime and making the identifciation

CONCERNS..

  • Possibility for error
  • It is difficult to assess a witnesses level of attention as well as their "oppurtunity" to see the perpetrator.
  • Factors like time of day can impair the ability to identify the criminal

Solution?

The legal system is attempting to expose eyewitness bias through:

  • Vior dire (questioning of potential jurors in order to dismiss biased jurors)
  • Cross-examination ( to point out weak and deceitful points)
  • Jury deliberation ( places power of fact-finding in the hands of a group of citizens)

WHY IT iS IMPORTANT

  • Biased procedures ultimately lead to mistaken identifications
  • The Manson Criteria provides a way to potentially reduce amount of these mistaken identifications

WHY IT iS IMPORTANT

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