Expert Opinion Testimony is a type of testimony given by a witness who is qualified as an expert in a certain field. This type of testimony is usually presented in a court of law and can include scientific, medical, or technical opinions. It is often used in cases where the expert's opinion is needed to explain complex concepts and terminology. There are two main types of Expert Opinion Testimony: direct and circumstantial. Direct testimony is when an expert witness directly presents their opinion regarding a case. Circumstantial testimony is when the expert bases their opinion on the facts and evidence of the case. In both cases, the expert must be knowledgeable and experienced in their field. They must also be able to provide clear and concise explanations of their opinions. The court will then determine whether the testimony is reliable and admissible.
Expert Opinion Testimony
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FAQ
Unlike a lay witness, who cannot give an opinion about the topics that require special knowledge, an expert witness can testify their opinion within their expertise. An expert opinion must be based on sufficient facts or data and reliable principles or methods.
Forensic scientists play an important role in criminal trials by serving as expert witnesses. Expert witnesses not only testify on the findings but also give opinions based upon the results derived from the analysis of evidence that was collected from the crime scene.
Examples of when an expert witness may be needed include: Fitness to stand trial. Diminished responsibility. Causation in personal injury or medical negligence. Assessments of sexual offending, violent behaviour offending, arson, and stalking. Cognitive and psychological assessments. Advice on appeals.
The major difference between these two types of witnesses is personal knowledge. While experts may use their knowledge or skill to draw conclusions, lay witnesses can only base their opinions on information they personally observed.
An expert witness, for example, could be a blood spatter analyst who can testify about the type of weapon used to commit a murder. Using this information, the defense can then demonstrate that the defendant did not commit the crime for which he is being charged.