Lay Witness/ Expert Witness Flashcards
701
Lay Witness Testimony
1) Rationally based on witness’s perception
2) Helpful to the jury as to material fact
3) NOT based on “specialized knowledge”
701
Rationally based on the perception of the witness
- Rationally based on the perception of the witness
- Witness must have PERSONAL KNOWLEDGE per FRE 602
- the opinion is one that a REASONABLE PERSON could draw from the underlying facts
701
- Helpful to the jury as to fact in issue
- Helpful to the jury as to fact in issue
- The jurors could NOT have otherwise judged the matter for themselves
- The opinion adds RELEVANT INFORMATION to the case
- The more RELEVANT the FACT the more DETAILED the testimony
When are lay opinions objectable?
only opinions that are framed as conclusions and amount to TAKING SIDES are categorically objectionable
Examples under 701
1) Appearance of persons or things
- How did he look?
2) Identity
- Who was he?
3) Manner of conduct
- What was he doing?
(ex: degrees of light or darkness,
sound, size, weight, distance,
Mood, demeanor, emotion.
701 “Particularized Knowledge”
A lay witness may testify based on the “particularlized knowledge that the witness ha by viture of his or her position in [ a field of employment]
- For examples, a business owner may testify to the projected profits of the business “without qualifying [her as an expert in accounting]
Do courts allow lay witness with drugs?
Courts [permit] lay witnesses to testify that a substance appear[s] to be a narcotic, so long as a foundation of familiarity with the substance is established. [It] is based on personal rather than specialized knowledge.
702
Expert Testimony
1) Witness must be QUALIFIED
2) Testimony must HELP JURORS
3) Adequate FACTUAL BASIS
4) RELIABLE PRINCIPLES + RELIABLE APPLICATION of principles to facts
5) FRE 403 test is satisfied
Standard of Review Courts use for Expert Testimony
ABUSE OF DISCRETION
- it is rare that an appellate court deems a trial court to have abused its discretion on the issue
702 Proper Qualifications
The witness must be qualified as an expert by knowledge, skill, experience, training, or education
Can an expert witness under 702 only be qualified by education?
NO
- under 702, expertise may be obtained by experience as well from formal training or education
702 Helpful to the Jury
- The expert’s testimony must concern a topic that EXCEEDS THE KNOWLEDGE OR EXPERIENCE OF THE JURORS- as long as that topic does not encroach upon the court’s role as to the law
does 702 allow an expert witness to form an opinion on the defendants mental state?
NO
FRE 704(b) prohibits an expert witness from stating an opinion about whether the defendant POSSESSED OR LACKED A MENTAL STATE that is an element of the crime
- in other words the expert cannot “tell the jury what result to reach”
Can expert witnesses under 702 evaluate another witness’ credibility
NO
- The primary reason to bar expert opinions of credibility is that jurors are “fully equipped by their common sense and daily experience to detect the lies of in-court witnesses.”
- Thus, an expert’s opinion does not “help jurors.”
702 Sufficient Factual Basis
Not really worried about for exam
- The expert must have a factual basis for the opinion
- Facts or data that the expert has personally observed.
- Facts or data that the expert has been made aware of [at or before the hearing].
- If otherwise inadmissible, facts experts in the field would “reasonably rely on.”
PS: not really worried about on exam