Expert Witness Testimony

Question 1

703

Answer 1

“Bases of an Expert’s Opinion Testimony (703)

An expert may base an opinion on facts/data in the case they personally observed or made aware of if:

1. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject,
2. they need not be admissible for the opinion to be admitted.
   a. But if the facts or data would otherwise be inadmissible, the proponent of the opinion may disclose them to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.”

(Important per RC)
Committee NOTE
Not helpful- objection
if these consideration attempts are made to make meaningless assertion…choosing up sides–exclusion is called upon by the rule

Question 2

704

Answer 2

“Rule 704. Opinion on an Ultimate Issue

(a) In General–Not Automatically Objectionable. An opinion is not objectionable just because it embraces an ultimate issue.
(b) Exception. In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. Those matters are for the trier of fact alone.”

Question 3

705

Answer 3

“Rule 705. Disclosing the Facts or Data Underlying an Expert’s Opinion

Unless the court orders otherwise, an expert may state an opinion–and give the reasons for it–without first testifying to the underlying facts or data. But the expert may be required to disclose those facts or data on cross-examination.”

Question 4

US v. Cox

Answer 4

US v. Cox
Jeanette Carter tried to infer that he “blew up cars” without him saying that he blew up the cars.”

Difficulty to identify perception from the conclusion-

Harmless error because of in surmounting evidence against him–It was irrelevant–