Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

Prior to presenting a photo lineup, what should the investigator inform the witness?

1. The suspect is guaranteed to be present

2. The suspect may or may not be included

3. The lineup is not mandatory

4. The witness does not need to participate

The correct answer is: The suspect may or may not be included

Informing the witness that the suspect may or may not be included in the photo lineup is crucial for ensuring that the identification process is fair and unbiased. This approach helps to prevent any undue pressure on the witness to make an identification and fosters a more reliable identification process. By setting this expectation, investigators allow witnesses to approach the lineup with a clear understanding that their ability to identify the suspect is not influenced by the presence or absence of any particular individual. This method also reinforces the importance of the witness's role in the process, emphasizing that their testimony is valuable regardless of the outcome. It promotes a sense of objectivity and encourages witnesses to be honest about their recollections, thereby contributing to the integrity of the investigation. In contrast, asserting that the suspect is guaranteed to be present could create bias in the witness's mind, possibly leading them to focus on the wrong details or feel pressured to make a selection. Stating the lineup is not mandatory or that participation is not needed may diminish the witness’s understanding of the importance of their input in the investigation. These alternatives could undermine the validity of the identification process overall.