An assault victim describes the attacker as “a bearded, 25-year-old black man, light-skinned, wearing a white shirt.” When the police bring the victim in for a lineup, one man has facial hair and wears a white shirt. All of the fillers wear dark shirts. None have facial hair, and several have very dark skin.

If the victim chooses the bearded man in a white shirt, should this identification hold up in court? Explain your reasoning.

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Answer:

Based on just this question and the information provided from it, I don’t believe it would hold up in court. It’s a matter of any man who owns a white shirt may have a certain skin tone and have facial hair. She would need to know more distinctive characteristics about the person in question. Knowing a scar, the sound of his voice, etc would be a lot better then facial hair and a white shirt, something many males have.

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