General
A witness may be impeached with prior inconsistent statements on cross-examination. True or False?
True!
- Based on the perception of the witness; and
- Helpful to gain a clear understanding of the witness's testimony/determination of the fact in the case.
*What are these?
Admissibility requirements of a lay witness!
An expert witness may offer opinions or conclusions if:
- the subject matter is scientific, technical, or other specialized information; AND...
It will help the trier of fact understand the evidence or determine a fact at issue.
Experts MAY express an OPINION on the ultimate issue in most types of cases but they CANNOT testify about whether a criminal defendant had...
The requisite mental state of any element of a crime or defense!
Can extrinsic evidence of the statement may be introduced if the witness is given the opportunity to explain or deny the evidence. True or False?
True!
A lay witness CANNOT be based on propertied scientific, technical, or specialized knowledge. That is a job for a(n)...
Expert witness!
Courts generally REJECT expert testimony about the witnesses credibility. That is the job for...
An expert may base his/her opinion on... (3) things
- personal observation;
- evidence presented at trial; or
- information reasonably relied upon by other experts in that particular field.
Can a hearsay declarant be impeached by prior inconsistent statements as if the declarant was testifying as a witness?
Yes!
- Based on the perception of the witness; and
- Helpful to gain a clear understanding of the witness's testimony/determination of the fact in the case.
These are...
Admissibility requirements for a lay witness!
What (4) things do the courts require for one to be an "expert"?
1.) be qualified by knowledge, skill, experience, training, or education;
2.) base his testimony on sufficient facts or data;
3.) base his testimony on reliable principles and methods; and
4.) apply the principles and methods reliably to the facts of the case.
- personal observation;
- evidence presented at trial; or
- information reasonably relied upon by other experts in that particular field.
*What are these?
The basis in which an expert may base their opinion.
An expert may NOT give an opinion about the requisite _______ _______ of a criminal defendant.
Mental state!
1.) be qualified by knowledge, skill, experience, training, or education;
2.) base his testimony on sufficient facts or data;
3.) base his testimony on reliable principles and methods; and
4.) apply the principles and methods reliably to the facts of the case.
What are these?
Requirements of the court to be considered an expert!
May an expert base their opinion on facts that would otherwise be inadmissible at trial?
YES!
*probative value must substantially outweigh any prejudice!
Opinions from lay witnesses are admissible with respect to common sense impressions! Examples of common sense impressions are...
The appearance of someone, whether or not someone was intoxicated, the speed of a car, etc.
What (4) things are needed for the court to allow someone to be qualified as a witness?
1.) be qualified by knowledge, skill, experience, training, or education;
2.) base his testimony on sufficient facts or data;
3.) base his testimony on reliable principles and methods; and
4.) apply the principles and methods reliably to the facts of the case.