Reference no: EM133231805

Manson v. Brathwaite (page 372).

1. Describe the three approaches to dealing with mis-identifications outlined by the majority opinion.

2. Which approach does the Court adopt? Why?

3. List the facts in each of the five factors and the majority opinion's assessment of them.

4. List the facts in the same way and the dissent's assessment of them.

5. Do you think the circumstances demonstrate "a very substantial likelihood of irreparable mis-identification"?

6. Summarize the dissent's argument in favor of the per se test and against the totality test.

Is the dissent correct in arguing that the Court wrongfully eval-uated the impact of the exclusionary rule and the totality of circumstances? Evaluate those arguments.

7. Is the dissent's stress on Brathwaite's Barbados ancestry important? Explain.

8. Would you side with the dissent or the majority in this case? Defend your answer.

9. Does the majority opinion or the dissent-ing opinion come closest to achieving the innocence ideal? Explain your answer.