•   •   •

Manson v. Brathwaite Revisited:Towards a New Rule of Decision for Due Process Challenges Giovanna Shay, Yale Law School Timothy O'Toole, Special Litigation Division, Public Defender Service for the District of Columbia Forthcoming in Valparaiso University Law Review October 2006. Download the Paper (PDF format) - March 30, 2006 Tell a colleague about it. Printing Tips: Select 'print as image' in the Acrobat print dialog if you have trouble printing. 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 I.D. 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 propose a new rule of decision for due process challenges to identification procedures. SUGGESTED CITATION: Giovanna Shay and Timothy O'Toole, "Manson v. Brathwaite Revisited:Towards a New Rule of Decision for Due Process Challenges" (March 30, 2006). Yale Law School. Yale Law School Faculty Scholarship Series. Paper 4. http://lsr.nellco.org/yale/fss/papers/4 | REPOSITORY HOME  | SEARCH  | MY ACCOUNT  | NELLCO HOME | Powered by bepress.