8-Opinion Evidence Flashcards
what is opinion evidence
inferences drawn from facts by either expert or non expert witnesses
what is general rule on opinion evidence
that it is not fact
jury to form their opinion not witnesses
what are the two exceptions to the general rule
expert can have opinion on fact but this is not unquestionable truth
witness can use opinion to state perception
what is the rules for non expert witnesses
not used on ultimate issues. not used for expertise,
not as strict as before
what do non experts use opinions on
what they saw was defendant identify object similar handwriting recognise voice state of health age weather vehicle speed
do experts need to be professionally qualified
no but for certain experts they do
for example for insanity defence two medical professionals need to diagnose
what do judge and jury decide on expert evidence
judge decides competence of expert
jury decides weight of evidence
what must an expert opinion be
only be in field of expertise
when is expert opinion needed
when court needs expertise out of field of legal knowledge
dna, lip reading, facial mapping, ear print evidence
admissibility is under what section of pace
section 78
are juries bound to expert opinion
no
what duty do experts have
to be objective, duty to say expertise and say anything they are unsure about. and whether there was change in statement
what act permits hearsay evidence and what must be considered
section 30 cja
must be granted with leave of court, they must consider whether it is unfair, what are contents of report and why expert could not be there
what act permits opinions
s127 cja act
what does s127 cja state
opinions allowed when there is a pre prepared statement, related to their personal knowledge of matters stated
expert must include name and must give notice
may not allow in interests of justice
