What are the requirements for expert testimony?
- Qualified - Expert must have special knowledge, skill, experience, education, training
- Relevant - Subj. matter must be approp., and the opinion must be helpful/relevant to assist the jury
- The discipline used must be reliable
What is the scope of evidence that an expert witness can provide?
B/f expert wit. can testify, the court must 1st determine that the subj. matter of the witness’s testimony is:
- Scientific, technical, or other specialized knowledge
- that focuses on the reliability of the testimony and
- will help the trier of fact understand the evidence or
- Determine a fact in issue, which focuses on the relevance of the testimony
Qualified Expert Requirements
Once test. is determined to be reliable & relevant, an expert witness may testify as to her opinion, if:
- The wit. is qualified as an expert by knowledge, skill, experience, training, or education
- The testimony is based on sufficient facts or data
- Testimony is the product of reliable principles and methods and
- The witness applied the principles & methods reliably to the facts of the case
- Expert possess a reas. degree of cert. in her opinion
- May be expressed by using lang. such as “probably”
What is the majority/minority split on factors used to examine an expert’s testimony?
Majority - Daubert factors
Minority - Frye (general acceptance in the community std.)
What are the daubert factors for expert evidence ?
- Whether the method has been tested
- If the method is accepted in the relevant community
- If the method is peer-reviewed
- The degree of possible errors
- Standards employed
What are the bases for opinion testimony of experts?
Opinion based on inadmissible facts may be admissible if:
- experts in the particular field would reasonably rely on those kinds of facts and data in forming an opinion on the subject
- 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.)
- Can challenge the adequacy of the expert’s testimony on cross by attacking the adequacy of the expert’s knowledge
Ultimate Issue
- 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
If an expert is appointed by the court, what must the expert do?
- Must advise each party of any findings and
- Give the parties an opportunity to:
- depose him
- call him to testify
- cross-examine him
How is a Court appointed expert paid?
Criminal case - paid by funds provided by law
Civil Cases - paid by the parties
How is an interpreter qualified?
- Subject to same rules for expert witnesses
- Must take an oath or affirmation
