100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Summary Criminal Litigation - Opinion evidence and experts $8.40   Add to cart

Summary

Summary Criminal Litigation - Opinion evidence and experts

 9 views  0 purchase
  • Course
  • Institution

1. the general prohibition on the use of opinion evidence in criminal cases and the exceptions to this rule 2. the use of expert opinion evidence at trial

Preview 1 out of 2  pages

  • July 16, 2024
  • 2
  • 2023/2024
  • Summary
  • Unknown
avatar-seller
Syllabus 19: Opinion evidence and experts
1. Opinion Evidence
[F11.1 - F11.2, F11.4- F11.5]
General rule: witnesses may only give evidence of facts they personally perceived and not evidence
of their opinion.
Two exceptions:
- Non-experts: A statement of opinion on any matter not calling for expertise, if made by a
witness as a way of conveying relevant facts personally perceived by him or her, is admissible
as evidence of what the witness perceived.
- Experts: A statement of opinion on any relevant matter calling for expertise may be made by
a witness qualified to give such an expert opinion. (The evidence may be accompanied by
animations to illustrate the opinion)
If objection to the admissibility of expert opinion evidence is made, it is for the party proffering the
evidence to prove its admissibility.
➢ Non-Expert Evidence
A statement of opinion may be given by a witness, on a matter not calling for expertise, as a
compendious means of conveying facts perceived by a witness. (ex: ID witness is not required to give
a description of the offender or some other person but may express an opinion that the accused is the
person the witness saw on the occasion in question.
➢ Expert Evidence
Statute occasionally prescribed the qualifications which a person must possess to give expert opinion
evidence on a particular matter.
In rare cases, in will be necessary to hold a voir dire to decide whether a witness should be allowed to
give expert evidence.
2. Matters calling for expertise
[F11.8 - F11-9]
Expert opinion evidence may only be received on subject calling for expertise, which a lay person,
such as a magistrate or juror, could not be expected to possess to a degree sufficient to understand the
evidence given in the case unaided.


3. Opinion on ultimate issues
[F11.35]

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller pearlagius. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $8.40. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

77254 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$8.40
  • (0)
  Add to cart