In Manson v. Braithwaite (1977), involving identifying a man whom the identifier had seen only once in poor light for several minutes from a single photograph, Justice Marshall in dissent criticized the police procedure because:
I. a lineup could have been arranged.
II. a photo array, rather than one photograph could have been used.
III. the fact that the photograph was given to the identifier by a fellow police officer increased the suggestiveness.
IV. the photograph selected was not a good depiction of the description given to the
Officer who selected it.

Question

Quizplus · Accepted Answer

I, II, and III are all valid criticisms of the police procedure in Manson v. Braithwaite. A lineup could have been arranged to provide a more reliable identification, and a photo array rather than a single photograph could have reduced the suggestiveness of the identification. The fact that the photograph was given to the identifier by a fellow police officer increased the suggestiveness, as the identifier may have felt pressure to conform to the officer's expectations.

In Manson V