Expert Testimony

Question 1

What are the requirements for expert testimony?

Answer 1

1. Qualified - Expert must have special knowledge, skill, experience, education, training
2. Relevant - Subj. matter must be approp., and the opinion must be helpful/relevant to assist the jury
3. The discipline used must be reliable

Question 2

What is the scope of evidence that an expert witness can provide?

Answer 2

B/f expert wit. can testify, the court must 1st determine that the subj. matter of the witness’s testimony is:

1. Scientific, technical, or other specialized knowledge
2. that focuses on the reliability of the testimony and
3. will help the trier of fact understand the evidence or
4. Determine a fact in issue, which focuses on the relevance of the testimony

Question 3

Qualified Expert Requirements

Answer 3

Once test. is determined to be reliable & relevant, an expert witness may testify as to her opinion, if:

1. The wit. is qualified as an expert by knowledge, skill, experience, training, or education
2. The testimony is based on sufficient facts or data
3. Testimony is the product of reliable principles and methods and
4. The witness applied the principles & methods reliably to the facts of the case
5. Expert possess a reas. degree of cert. in her opinion
   
   • May be expressed by using lang. such as “probably”

Question 4

What is the majority/minority split on factors used to examine an expert’s testimony?

Answer 4

Majority - Daubert factors

Minority - Frye (general acceptance in the community std.)

Question 5

What are the daubert factors for expert evidence ?

Answer 5

1. Whether the method has been tested
2. If the method is accepted in the relevant community
3. If the method is peer-reviewed
4. The degree of possible errors
5. Standards employed

Question 6

What are the bases for opinion testimony of experts?

Answer 6

Opinion based on inadmissible facts may be admissible if:

1. experts in the particular field would reasonably rely on those kinds of facts and data in forming an opinion on the subject
2. If such facts are inadmiss. the proponent May disclose underlying facts to the jury if probative value subst. outweighs prejudicial effect (don’t need to ask in the form of a hypo.)
3. Can challenge the adequacy of the expert’s testimony on cross by attacking the adequacy of the expert’s knowledge

Question 7

Ultimate Issue

Answer 7

• Expert can’t state opinion about whether a criminal defendant had the requisite mental state of any element of the crime charged or of a defense
• Generally can give opinion testimony on an ultimate issue

Question 8

If an expert is appointed by the court, what must the expert do?

Answer 8

1. Must advise each party of any findings and
2. Give the parties an opportunity to:
   
   • depose him
   • call him to testify
   • cross-examine him

Question 9

How is a Court appointed expert paid?

Answer 9

Criminal case - paid by funds provided by law

Civil Cases - paid by the parties

Question 10

How is an interpreter qualified?

Answer 10

• Subject to same rules for expert witnesses
• Must take an oath or affirmation