Understanding Opinion Evidence in Legal Proceedings
Learn about the admissibility of opinions in evidence according to Rule 602 and Rule 701, distinguishing between lay opinions and expert opinions. Explore the nuances of presenting opinions in court and the role they play in establishing facts or conclusions based on firsthand experiences or specialized knowledge.
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Presentation Transcript
CHAP. 9 : OPINION EVIDENCE Prof. JANICKE 2022
OPINIONS ARE GENERALLY INADMISSIBLE RULE 602 REQUIRES ACTUAL KNOWLEDGE FOR MOST TYPES OF EVIDENCE KNOWLEDGE MEANS PHYSICAL PERCEPTIONS ONLY! BUT: IN A PRACTICAL JUSTICE SYSTEM, WE NEED SOME ROOM FOR OPINIONS Chap. 9 -- Opinion Evidence 2022 2
MEANING OF OPINIONS ABOUT 98% OF WHAT WE THINK WE KNOW ARE ACTUALLY OPINIONS OPINIONS CONSIST OF: 1. FACTS LEARNED FROM OTHERS WHO MAY ACTUALLY KNOW THEM FIRST- HAND; or 2. CONCLUSIONS WE HAVE DRAWN FROM OUR OWN OBSERVATIONS 2022 Chap. 9 -- Opinion Evidence 3
THE OPINION OBJECTION : GENERAL RULE: OPINIONS ARE NOT ALLOWED IN EVIDENCE OBJECTION, YOUR HONOR; IT CALLS FOR AN OPINION IF JUDGE AGREES, THIS SETS THE STAGE FOR FURTHER ANALYSIS: SOME KINDS OF OPINIONS ARE ADMISSIBLE 2022 Chap. 9 -- Opinion Evidence 4
OPINIONS OF NON-EXPERTS (LAY OPINIONS) ARE SOMETIMES ADMISSIBLE RULE 701 (assigned) 2022 Chap. 9 -- Opinion Evidence 5
HELPFUL MEANS THERES NO OTHER FEASIBLE WAY TO CONVEY THE WITNESS S PHYSICAL OBSERVATION 2022 Chap. 9 -- Opinion Evidence 6
EXAMPLES OF ADMISSIBLE LAY OPINIONS HE WAS UPSET SHE WAS NERVOUS SHE WAS ANGRY ALL REQUIRE FOUNDATION OF A PHYSICAL PERCEPTION 2022 Chap. 9 -- Opinion Evidence 7
LAY OPINIONS TRADITIONALLY ALLOWED AT COMMON LAW, AND STILL OK TODAY INSANITY or SANITY HANDWRITING DRUNKENNESS or SOBRIETY 2022 Chap. 9 -- Opinion Evidence 8
PROBLEMS/CASES 9A My Impression 9B Watchful Neighbor 2022 Chap. 9 -- Opinion Evidence 9
EXPERT OPINIONS: FOR THESE, 1ST-HAND PERCEPTION IS NOT REQUIRED ASSIGNED: RULE 702 BASIS: SPECIAL KNOWLEDGE OR EXPERIENCE IN SOME AREA 2022 Chap. 9 -- Opinion Evidence 10
CAN OFTEN BE A BLEND OF PERCEPTION AND OPINION MANY EXPERT OPINIONS ARE BASED ON PHYSICAL PERCEPTIONS (1ST-HAND KNOWLEDGE) AND OPINION EXAMPLE: CORONER-MEDICAL EXAMINER; 1ST HAND AUTOPSY OBSERVATIONS + OPINION 2022 Chap. 9 -- Opinion Evidence 11
EXPERTS METHODOLOGY MUST BE RELIABLE CHECKED INITIALLY BY THE JUDGE, AT A HEARING BEFORE TRIAL IF JUDGE FINDS METHODOLOGY WAS RELIABLE, OPINION IS ADMITTED FOR JURY EVALUATION 2022 Chap. 9 -- Opinion Evidence 12
VOIR DIRE PRIOR TO SAYING THE OPINION IS ALMOST UNIVERSALLY DONE TWO DIFFERENT TACTICAL PURPOSES 1. CHALLENGE THE METHODOLOGY 2. ADVOCACY: CUT THE EXPERT DOWN TO SIZE BEFORE THE JURY HEARS THE OPINION Chap. 9 -- Opinion Evidence 2022 13
PROBLEMS/CASES 9C They Saw It the Same Way Daubert Kumho 9D Anxious and Guilt-Ridden Moore, State v. 9E We Found A Match 2022 Chap. 9 -- Opinion Evidence 14
OPINION ON AN ULTIMATE FACT RULE 704: ASSIGNED THE OLD CLICH : INVADING THE PROVINCE OF THE JURY WAS NONSENSE NOW GENERALLY ALLOWED, IF OTHERWISE IN COMPLIANCE WITH RULES Chap. 9 -- Opinion Evidence 2022 15
EXCEPTION: STATE OF MIND OF CRIMINAL D THE OLD CLICH SURVIVES HERE USUALLY SANITY IS INVOLVED EXPERT MUST STAY ONE-STEP-BACK 2022 Chap. 9 -- Opinion Evidence 16
COURT-APPOINTED EXPERT WITNESS (RULE 706 assigned) GOOD IN THEORY LITIGATORS CRINGE! 2022 Chap. 9 -- Opinion Evidence 17
ACCEPTING A STIPULATION OF EXPERTISE OF YOUR EXPERT WITNESS? A STIPULATION OF CREDENTIALS IS OFTEN VOLUNTEERED BY ADVERSARY IS SELDOM ACCEPTED 2022 Chap. 9 -- Opinion Evidence 18
PROBLEMS/CASES Film Clip from My Cousin Vinny on expert witness testimony 2022 Chap. 9 -- Opinion Evidence 19
