By Stephanie Tai on March 22, 2021.
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Introduction
Eyewitness identification is fraught with uncertainties. In United States v. Wade, Justice Brennan, writing for the majority of the United States Supreme Court, wrote that “the vagaries of eyewitness identification are well-known; the annals of criminal law are rife with instances of mistaken identification.”[1] This essay will analyze the approach to eyewitness identification in Manson v. Brathwaite, discuss the criticisms associated with the test, and propose suggestions to combat the pitfalls of eyewitness identification evidence.
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