MCOLES State Licensing Practice Exam

Should the photos in a lineup be initiated?

1. No, it's not necessary

2. Yes, by the officer

3. By the suspect's attorney

4. Only if it's a corporeal lineup

The correct answer is: Yes, by the officer

In the context of a criminal investigation, the initiation of a photo lineup is a critical step in ensuring the fairness and integrity of the identification process. When photos are initiated by the officer, it allows for the creation of a controlled environment in which the eyewitness is presented with images relevant to the case. The officer can ensure that the photos are representative, adhere to proper procedures, and do not suggest any bias or influence regarding the suspect. This approach also helps mitigate the risk of misidentification, as the officer can consider factors such as matching physical characteristics and the need for a fair representation of similar-looking individuals. Ultimately, when the officer is responsible for initiating the lineup, it reflects a commitment to upholding justice and protecting the rights of all involved, particularly the integrity of the suspect's defense. The other options lack the necessary procedural structure and oversight: - Not initiating photos may lead to unreliable identifications and jeopardize the investigation. - Relying on the suspect's attorney to initiate the lineup could introduce bias or conflicts of interest, as the attorney's focus is to represent their client rather than ensure the validity of the identification process. - Limiting initiation to corporeal lineups fails to recognize the value of photographic lineups as an investigative tool