You decide to get some information about the suggestible conditions of the lineup that might have led to a likelihood of misidentification. Both witnesses say that they received a statement beforehand that the suspect may or may not have been in the lineup. The lineup administrator did know who the suspect was. Based on what the eyewitnesses say, the lineup was not filled with people who all looked how they described the suspect. When the second witness made her identification, the lineup administrator asked, "Are you sure that's the person you saw?" so the second witness changed her identification. Based on this information, do you think the identification should be allowed in trial?

A) Yes. Many lineups cannot follow best practices because the police departments do not have access to fillers that all fit the description of the suspect. The analyst asked questions but did not outright say the choice was wrong.

B) No. Although the statement issued before the lineup helped make it less biased, the analyst's behavior clearly swayed the second witness to make an alternate identification.