![]() Panel of experts from the national science foundation? The dean of the college of arts & sciences at IU? A high school science teacher? No. TheĬourts are therefore faced with a difficult task - they must distinguish "true" scientific knowledge from "false" science. Opinions based on scientific knowledge will be more helpful to jury that opinions based on advertising, quackery, abstract philosophy, or outright fraud. Note on "scientific reliability," also known as the "Daubert" test (from Daubert v. It must be:Ī) Within the expert's area of expertise and related to the issue. (4) The expert's opinion must be rational. They may review filesĪnd records and offer opinions as consultants. However, experts do not need personal knowledge. Opinions must be based on enough data to make them reliable. This is equivalent to the personal knowledge ruleįor lay opinions. (3) The expert must base his or her opinion on information, observations, tests, experiments, and other data. The witness must be "qualified as an expert." (2) The person put forward as an expert must have educational qualifications and professional experience in an appropriate area of expertise. "helpfulness" foundation for lay witness opinions. (1) Is there an appropriate issue? Rule 702 says that experts may testify only "If specialized knowledge will assist the jury." This is the equivalent of the Analyzing the admissibility of expert testimony consists of several stages: There is not time to do more in an introductory evidence class. ![]() ![]() We will give it only cursory coverage here. There are whole casebooks devoted to this subject alone, and the leading reference book (Faigman, Kaye, Subject of an entire 2-hour advanced evidence class. The topic of expert witnesses and the scientific and technical evidence they bring into the trial, is a complicated one. EXPERT OPINIONS: Screen 1 TOPIC: EXPERT OPINIONS
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