Suggestive Eyewitness Identification Procedures and the Supreme Court’s Reliability Test in Light of Eyewitness Science: 30 Years Later

A set of vocabulary flashcards covering key terms, concepts, and debates from the eyewitness identification and Manson reliability literature.

Manson v. Braithwaite (1977)

Supreme Court ruling establishing a two-pronged reliability framework for eyewitness identifications: first determine if the procedure was unnecessarily suggestive; if so, assess reliability using five criteria.

Neil v. Biggers (1972)

Earlier case that laid out the five-factor reliability framework later adopted and clarified in Manson; basis for evaluating reliability of identifications.

Two-inquiry test

Manson’s approach: (1) assess whether the identification procedure was unnecessarily suggestive; (2) if yes, evaluate reliability using the five criteria.

Five Manson criteria

View (opportunity to view), Attention (amount paid), Description (detail/consistency), Time (delay between event and identification), Certainty (confidence at confrontation).

Show-up

A procedure presenting a single suspect (or photo) to a witness; often highly suggestive and may yield different identification outcomes than lineups.

Lineup

A police procedure in which the witness views multiple individuals including the suspect and fillers; designed to reduce bias and misidentifications.

Fillers

Known innocent lineup members used to balance a lineup and test the witness’s memory; should fit the description to avoid bias.

Functional size

The effective size of a lineup, measured as N/S (N mock witnesses who pick the suspect divided by S who pick the suspect); reflects lineup fairness beyond nominal size.

Nominal size

The actual number of lineup members (e.g., a six-person lineup).

Pre-lineup instruction

Instructions telling the witness that the culprit might not be in the lineup; reduces suggestiveness and culprit-absent identifications.

Post-identification feedback effect

Feedback after identification (e.g., “Good, you identified the suspect”) that inflates certainty and perceived accuracy, especially for mistaken identifications.

Post-event influence

Information encountered after witnessing an event that can alter memory or recall of the event.

Double-blind lineup

A lineup administered by a neutral administrator who does not know which member is the suspect; reduces administrator bias.

Weapon focus effect

The presence of a weapon draws attention away from the suspect’s face, impairing later identification accuracy.

Certainty-accuracy correlation

Statistical relationship between certainty and accuracy; meta-analytic estimates around 0.41 for identifications, but certainty is not a perfect predictor and can be inflated by feedback.

Independent source (in eyewitness identification)

Evidence or identification that arises from an independent source rather than the suggestive lineup procedure; strengthens reliability claims.

DNA exonerations

Cases where DNA testing proves innocence; over 75% of exonerations involve misidentification as a contributing factor.

Bloodsworth case

Illustrative case where pre-lineup description matched the suspect leading to identification despite innocence; highlights dangers of relying on description alone.

Postdiction

Using current information to infer past events; problematic as a memory diagnostic tool in eyewitness identification.

Deterrence in Manson

Court suggested the reliability framework would deter misuse; scholars argue the framework often fails to deter and may even incentivize suggestive procedures.

Alternatives to Manson

Proposals such as per se exclusion, burden-shifting, limits on testimony, and tailored jury instructions to address suggestiveness and reliability more effectively.

Per se exclusion

A rule to exclude identifications obtained through unnecessarily suggestive procedures without weighing reliability; historically debated.

Stovall v. Denno (1967)

Early case associated with per se exclusion concepts; part of the historical backdrop leading to Biggers and Manson.

Wade trilogy

Early Supreme Court cases (including Wade and related rulings) shaping the framework for eyewitness identification and its admissibility.

Post-identification certainty distortion

After-the-fact feedback can distort witnesses’ recollections of their certainty at the time of identification, affecting courtroom testimony.