Preview of Member Only Content
For full access: or Become a Member
Challenging The Assumptions Of Neil v. Biggers
By Gerald F. Uelmen
When I was teaching Criminal Procedure at Loyola Law School in L.A. 27 years ago, I was able to pull off a stunt I had always wanted to do: stage a dramatic classroom confrontation involving two undergraduate students who were unknown to any of my students, and then a week later, stage two lineups in the classroom, to see if students could identify the perpetrators. I set it up so we could actually test the assumptions the Supreme Court made in deciding Neil v. Biggers, 409 U.S. 188 (1972) and Manson v. Braithwaite, 432 U.S. 98 (1977). In those cases, the Supreme Court held that an out-of-court identification obtained by the use of an unduly suggestive identification procedure could nonetheless be admitted if shown to be reliable.
Reliability is to be assessed based upon five factors: the opportunity to view, the degree of attention, the accuracy of the description, the level of certainty, and the lapse of time between the crime and the viewing. My experiment resulted in a remarkably h
Want to read more?
The Champion archive is reserved for NACDL members.
NACDL members, please login to read the rest of this article.
Not a member? Join now.
Or click here to see an overview of NACDL Member benefits.
See what NACDL members say about us.
To read the current issue of The Champion in its entirety, click here.
- Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or firstname.lastname@example.org
- Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.