Question 1

What is the general evidence rule relating to the admissibility of opinions of lay witnesses in a criminal case? Explain the rationale for this rule.

Accepted Answer

The general evidence rule relating to the admissibility of opinions of lay witnesses in a criminal case is that lay witnesses are typically not allowed to give opinions or draw conclusions in their testimony. Instead, they are expected to testify about facts that they observed or experienced firsthand.

The rationale for this rule is based on the idea that lay witnesses are not considered experts and therefore their opinions may not be based on sufficient knowledge or experience to be reliable. Allowing lay witnesses to give opinions could potentially confuse the jury and lead to the introduction of speculative or prejudicial information.

In criminal cases, the focus is on presenting factual evidence that can be objectively evaluated by the jury. Allowing lay witnesses to give opinions could undermine the fairness and reliability of the trial process. Therefore, the general rule is to limit lay witnesses to testifying about what they personally observed or experienced, rather than offering their opinions or conclusions.

Question 2

Explain the reasons for the exceptions to the opinion rule.

Accepted Answer

The opinion rule, which generally prohibits witnesses from testifying about their opinions or beliefs, has several exceptions. These exceptions are based on the idea that in certain circumstances, opinion testimony can be helpful to the trier of fact in understanding the evidence presented.

One reason for the exceptions to the opinion rule is expertise. If a witness has specialized knowledge or experience in a particular field, they may be allowed to offer their opinion on matters within that field. For example, a doctor may be permitted to give their opinion on a patient's medical condition based on their expertise and examination of the patient.

Another reason for the exceptions is lay witness opinion. Lay witnesses, who are not considered experts, may still be allowed to give their opinions on matters that are based on their personal observations or perceptions. For example, a witness may be allowed to testify that a person appeared angry or intoxicated based on their observations of the person's behavior.

Additionally, opinion testimony may be allowed if it is helpful to the trier of fact in understanding the evidence. In some cases, a witness's opinion may provide context or insight that is not readily apparent from the facts alone.

Overall, the exceptions to the opinion rule are based on the idea that in certain circumstances, opinion testimony can be valuable and informative to the trier of fact in reaching a just decision.

Question 3

Define opinion evidence, expert witness, and nonexpert witness.

Accepted Answer

Opinion evidence refers to testimony or evidence presented in court that is based on the witness's personal opinion or belief rather than on direct observation or knowledge of the facts. This type of evidence is often used to help the jury or judge understand complex or technical issues that require specialized knowledge or expertise.

An expert witness is a person who has specialized knowledge, training, or experience in a particular field and is called to testify in court to help the trier of fact (jury or judge) understand complex or technical issues. Expert witnesses are allowed to give opinion evidence based on their expertise and are often used in cases involving medical, scientific, or technical matters.

A nonexpert witness, on the other hand, is a person who testifies in court based on their personal knowledge or observations of the facts at issue in the case. Nonexpert witnesses are not allowed to give opinion evidence unless it is based on their personal perception or experience. They are typically used to provide factual information about what they saw, heard, or experienced.

Question 4

A nonexpert, or lay witness, may state a relevant opinion if three requirements are met. What are the three requirements? What is the effect of Federal Rule 701? May a witness give an explanation regarding the defendant's guilt?

Accepted Answer

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Question 5

Explain how a lay witness may offer opinions on the same subject as an expert witness.

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Question 6

A nonexpert witness is asked, "What was the appearance of the man at the time, with reference to his being rational or irrational?" Will an answer be allowed over the objection of the other party? Explain.

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Question 7

When or under what circumstances may a lay witness give an opinion concerning another person's handwriting?

Accepted Answer

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Question 8

What kind of foundation would have to be developed for a lay witness to offer an opinion that a person was intoxicated?

Accepted Answer

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Question 9

A police officer testified, "In my opinion, the defendant was drunk." Under what conditions is this nonexpert opinion testimony admissible? Do the same rules apply in drug cases? May a nonexpert give an opinion regarding mental condition? What are the requirements?

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Question 10

Rule 702 of the Federal Rules of Evidence defines the conditions under which expert testimony is admissible. What is the general rule relating to the use of expert testimony?

Accepted Answer

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Question 11

In general terms, how does one qualify to testify as an expert witness? What kind of questions might be asked of a proposed expert in DNA evidence comparisons that would help qualify the person as an expert witness?

Accepted Answer

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Question 12

Can a witness qualify as an expert when he or she does not have a degree or license? May the special knowledge necessary to qualify as an expert be derived from experience? May the fact that the expert does not have a degree or license be brought out at the trial?

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Question 13

How has DNA evidence offered by expert become so important in many criminal cases?

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Question 14

How does the defense attorney or prosecutor go about selecting an expert witness and having him or her qualified by the court?

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Question 15

There are two avenues through which expert evidence may be presented to a jury. Briefly state these, and explain the differences between them.

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Question 16

When an expert witness takes the stand, can his or her opinions be challenged in the cross-examination process? If so, what is the process for challenging these opinions?

Accepted Answer

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Question 17

Common subjects of expert testimony are the physical and mental condition of a person. Is it necessary that the expert in such situations be a person licensed to practice medicine? If not, what are the qualifications?

Accepted Answer

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Question 18

When an expert gives an opinion regarding handwriting, must he or she state that he or she is positive that the samples are identical? Does requiring a suspect to give a handwriting specimen violate the Fifth Amendment?

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Question 19

Why do most courts exclude expert testimony explaining the results of polygraph examinations? Can polygraph examiners be qualified as expert witnesses? When can polygraph examination results be admitted into evidence through the use of expert testimony?

Accepted Answer

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Question 20

How does a witness qualify as an expert in how drug traffickers operate? May a police officer testify as an expert witness when the case involves drug violations?

Accepted Answer

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Quiz 9: Opinions and Expert Testimony