Prior to presenting a photo lineup, the investigator should explain to the witness that

• A. The person who committed the crime MAY or MAY NOT be in the set of photographs being presented
• B. The lineup photos will definitely include the suspect
• C. The witness should pick the person who committed the crime
• D. The photos may reveal the suspect's identity before viewing

Answer: (A)

Lineup procedures must be non-suggestive, so the witness should be told that the person who committed the crime may or may not be in the set of photographs. This upfront acknowledgment helps prevent bias: it makes the witness aware that there may be no guaranteed match and reduces pressure to identify someone just because they think the offender must be present. By keeping the instruction neutral, the witness can rely on memory rather than cues that someone in the lineup is the suspect.

Saying the lineup will definitely include the suspect would bias the witness toward choosing that person even if unsure. Recommending that the witness pick the person who committed the crime turns the process into a verdict decision rather than a memory-based identification. Suggesting that the photos may reveal the suspect’s identity before viewing introduces pre-identification bias and undermines fairness.