The defense's argument to suppress the eyewitness identification follows some of the points from the Manson checklist. First, the crime took place at night, so the witnesses' opportunity to see the culprit was low. Because it happened quickly, they did not have time to pay a great deal of attention to the culprit. While they were able to give a description of the culprit, the defense points out that it was not a greatly detailed description, and the eyewitnesses are a different race than the culprit and the suspect now on trial. In terms of the identification process, there were lineups conducted, but the only person who appeared in both lineups was the suspect. Do you think the eyewitness identification should be used in the upcoming trial?

A) Maybe. You want more information before making a decision. It does seem like there are some factors that make the identification weaker than it could be. However, a lineup that doesn't follow best practices does not necessarily lead to misidentification.

B) Yes. While the defense has made an argument for why the eyewitnesses did not get as good a view of the suspect as they could have, the lineup does not seem overtly suggestive in a way that would lead to misidentification.