Lay Identification Pdf For Free

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.

There are two kinds of testimony-expert testimony and peer testimony.

Lay witness testimony often begins with the witness testifying to observations that he or she personally perceived. For example, say that a witness states: ?I observed a black truck approach a red light and continue driving through it without stopping.? This is testimony as to a factual observation.

Fact witnesses, or lay witnesses, testify about their firsthand knowledge: what they heard, saw, said, or did. Fact witnesses are often closely related to the case in some way.

Rule 701 permits a lay witness to testify in the form of ?opinions or inferences,? subject to two important limitations: (a) the testimony must be ?based on firsthand knowledge or observation? and (b) it must be ?helpful in resolving issues? related to facts or testimony in the case.

The law recognizes that in their daily lives individuals communicate in part by the expression of statements that constitute an opinion or inference; e.g., ?it was snowing,? rather than ?white flakes were falling from the sky.? Beyond those self-evident examples of warranted opinions and inferences, the law has ...

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.