Witnesses: Testimony

Question 1

Lay witnesses

Answer 1

Generally are discouraged from offering opinions; lay witnesses should offer fact testimony

Question 2

If the witnesses testimony takes the form of an opinion w/ respect to impressions, it will still be admissible if:

Answer 2

-based on the perception of the witness; and
-helpful to a clear understanding of the witnesses testimony or determination of a fact in issue

Question 3

An expert witness may offer opinions or conclusions if the court determines that:

Answer 3

-the subject matter is scientific, technical, or other specialized knowledge and
-it will help the trier of fact

Question 4

Daubert Test

Answer 4

Courts require that the expert:

1. be qualified by knowledge, skill, experience, training, or education;
2. base his testimony on sufficient facts or data;

3.base his testimony on reliable principles and methods; and

4. apply the principles and methods reliably to the facts of the case

Question 5

Ultimate issue

Answer 5

Experts may express an opinion on the ultimate issue in most types of cases;

they cant when there is a question about whether a criminal defendant had the requisite mental state of any element of a crime or defense

Question 6

An expert may base their opinion on:

Answer 6

-personal observation
-Facts made known to the expert at trial; or
-information of a type reasonably relied upon by experts in that particular field

Question 7

Court appointed expert

Answer 7

Courts can appoint expert witnesses; must let each party know what the witness found; each party can depose or cross examine the expert

Question 8

Cross examining experts

Answer 8

Can be cross examined about their qualifications, the basis for/credibility of their opinions, or bias/sensory competence

Can be cross examined about statements made in a publication