CRIMINAL PROCEDURE - ADMISSIBILITY OF IN-COURT IDENTIFICATIONS - UNNECESSARILY SUGGESTIVE OUT-OF-COURT IDENTIFICATIONS - DUE PROCESS - MANSON V. BRATHWAITE, 97 S CT 2243 (1977)

• NCJ Number: 60891
• Journal: Akron Law Review Volume: 11 Issue: 4 Dated: (SPRING 1978) Pages: 763-775
• Author(s): F A BARBIERI
• Date Published: 1978
• Length: 13 pages
• Corporate Author: University of Akron
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

BY THE RULINGS OF THE U.S. SUPREME COURT, OUT-OF-COURT AND IN-COURT IDENTIFICATION OF A DEFENDANT WILL BE ADMITTED INTO EVIDENCE IF THE RELIABILITY OF THE IDENTIFICATION OUTWEIGHS ITS SUGGESTIVENESS.

Abstract

PRIOR TO THE U.S. SUPREME COURT'S DECISION IN MANSON V. BRATHWAITE (1977), SUBSTANTIAL CONFUSION EXISTED CONCERNING THE JUDICIAL TEST WHICH WAS TO BE APPLIED TO IN-COURT AND OUT-OF-COURT CRIMINAL IDENTIFICATION PROCEDURES. IN MANSON, THE COURT APPLIED THE 'TOTALITY OF CIRCUMSTANCES' TEST WHICH HAD PREVIOUSLY BEEN USED IN THE CASE OF NEIL V. BIGGERS (1972). UNDER SUCH A TEST, SO LONG AS THE PROSECUTION CAN DEMONSTRATE THAT THE STATE'S WITNESS HAD SOME OPPORTUNITY TO OBSERVE THE DEFENDANT AT THE TIME OF THE CRIME, THE WITNESS CAN MAKE AN IN-COURT IDENTIFICATION AND CAN TESTIFY CONCERNING THE PRETRIAL IDENTIFICATION REGARDLESS OF THE SUGGESTIVENESS OF PRETRIAL PROCEEDINGS. THE U.S. SUPREME COURT CONCLUDED THAT, IN BRATHWAITE'S CASE, DESPITE A DELAY BETWEEN THE COMMISSION OF THE CRIME AND THE IDENTIFICATION BY THE WITNESS, THE RELIABILITY OF THE IDENTIFICATION OUTWEIGHED THE CORRUPTING EFFECT OF THE SUGGESTIVE PHOTOGRAPHIC DISPLAY. THEREFORE, THERE HAD BEEN NO VIOLATION OF DUE PROCESS. THE COURT CONSIDERED THREE INTERESTS IN DEVELOPING ITS DECISION AND NOTED THAT ONLY RELIABLE EVIDENCE SHOULD BE INTRODUCED TO THE JURY, POLICE SHOULD BE DETERRED FROM USING PREJUDICIAL PROCEDURES IN OBTAINING EVIDENCE, AND THE CHOSEN APPROACH SHOULD HAVE THE BEST EFFECT ON THE ADMINISTRATION OF JUSTICE. THE COURT'S CHOICE OF THE NEIL TEST TO ANSWER THESE CONSIDERATIONS IS NOT SOUND; A PER SE RULE IS PREFERABLE. THE PER SE APPROACH WOULD PERMIT THE COURTS TO SCRUTINIZE THE IDENTIFICATION PROCESS, AND WOULD ENSURE THE RELEASE OF INNOCENT SUSPECTS AFTER THEIR MISIDENTIFICATION. STATE LEGISLATURES MAY CHOOSE TO REQUIRE STATE COURTS TO APPLY MORE RELIABLE IDENTIFICATION PROCEDURES. FOOTNOTES ARE PROVIDED. (TWK)