Monday, August 5, 2013

What guidelines did the Supreme Court provide in Neil v. Biggers?It provided guidelines in the case of Neil v. Biggers, 409 U.S.188, 93 S. Ct. 375...

I have changed your question to reflect what I think you
were trying to ask.


The Supreme Court, in Neil v. Biggers,
set out some guidelines as to what a court must consider when it is trying to determine
how much credibility to give to eyewitness testimony.  This case involved a woman who
identified a man who she claimed had raped her.  The case revolved around the
credibility of her identification.  The Court laid out the following factors that must
be considered in such cases.


The Court said that courts had
to consider


  • Whether the witness had a good
    chance to see the criminal.

  • How much the witness was
    paying attention.

  • How accurate the witness's description
    was.

  • How certain the witness
    was.

  • How long of a time elapsed between the crime and the
    identification of the criminal.

The Supreme
Court set these out as the factors that must be considered.  It did not, however, say
how much weight must be given to any one factor.  It also did not say how long, for
example, is too long between crime and identification.  In other words, it gave factors
to consider, but no clear rules for how exactly to apply those
factors.

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