Conclusions and Thoughts

In concluding this volume, we review and evaluate the factors which U.S. courts use to determine the reliability and admissibility of eyewitness identification evidence. The Supreme Court in Neil v. Biggers (1972) and Manson v. Braithwaite (1977) defined the criterion for evaluating the reliability of eyewitness identifications. It is a two-prong test: (1) is the identification procedure impermissible or suggestive? And, (2) if this procedure is biased, then is the identification still reliable? The factors the U.S. Supreme Court identified as indices of eyewitness reliability are (1) opportunity to view, (2) attention paid to the perpetrator, (3) accuracy of the prior description, (4) witness certainty, and (5) the time between the event and the identification. After reviewing these criteria, we will assess whether they effectively serve their intended purpose—preventing the use of suggestive eyewitness procedures and unreliable eyewitness evidence in court. Finally, we review the best practice guidelines for conducting fair and unbiased lineups and outline which of the states in the United States have adopted these practices.