Lay vs Expert Witness

Lay vs Expert Witness A witness is anyone that testifies under oath in either a trial or a deposition. The Federal Rules of Evidence acknowledge two types of witnesses: lay and expert A lay witness has personal knowledge of the facts of the case. A lay witness may NOT give their opinion.

Eyewitness Testimony An eyewitness observed the crime or event Many people consider eyewitness testimony as lay witness opinion testimony. Much of the testimony is reliant of the observation skills and true memory of the witness.

Eyewitness Testimony

Eyewitness Testimony Eyewitness testimony may be affected by several factors such as 1. Weapon Focus 2. False memories/Questioning Technique 3. Reconstructive memory 4. Cross Identification 5. Time

How Observant Are You? Lord Smythe Blue Blood – Season 4 episode 4

Areas of Expertise There are seven categories listed on the board. Please write your name under the category or categories in which you are an expert. Next, with your table partner, write a definition for “expert” on a dry erase board

What is an Expert Witness? An expert witness has more expertise and/or specialized knowledge in a particular area than the average person. They are not required to have firsthand knowledge of the case. They testify to the meaning of the facts.

What is an Expert Witness? According to Cornell University Law School, an expert witness is qualified by knowledge, skill, experience, training or education. An expert witness may testify their opinion or otherwise if their knowledge will help the jury understand testimony is based on facts testimony is product of reliable methods

What Additional Skills Are Needed? A good expert witness also has the following attributes: Honesty Organization Availability Affability (ease in talking to others/ communitcation skills) Preparedness

Ten Commandments of An Expert Witness (AAOS, April 2008) 1. Dress Neatly. 2. Be polite and respectful to the judge, jury, attorneys, plaintiff and defendant. 3. Be prepared. 4. Know the case as well as your limits. 5. Work with the attorney. 6. Maintain pleasant tone and demeanor. 7. Listen to the questions and answer honestly. 8. Do not argue or refuse to respond. 9. Maintain privacy in and out of the courtroom. 10. Make sure that your opinions stay constant.

Mistakes Made By Expert Witnesses Uses big, important sounding words that alienate instead of impress. Ignores the jury and talks only to the attorneys. Offers testimony outside of their expertise. Fails to prepare.

www.crime-scene-investigator.net/legalguideforthe forensicexpert.pdf