Evidence-Wellborn SU2006 Outline

Subject matter of expert testimony expert testimony

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Unformatted text preview: Allowing witnesses to state their opinions instead of describing all their observations has the benefit of leaving witnesses free to speak in ordinary language. o In this case, an eyewitness' testimony that Knight fired the gun accidentally would be helpful to the jury. It is difficult to articulate all of the factors that lead one to conclude a person did not intend to fire a gun, therefore the witness' opinion that the gunshot was accidental would have permitted him to relate the facts w/ greater clarity and hence would have aided the jury. Notes: As a general rule, witnesses are to state facts and not give their inferences or opinions, but this rule is subject to the exception that "where the facts are of such a character as to be incapable of being presented with their proper force to anyone but the observe himself, so as to enable the triers to draw a collect conclusion from them w/o the aid of the judgment or opinion of the witness who had the benefit of personal observation he is allowed to a certain extent, to add his conclusion judgment or opinion. Ex: The horse is tired shorth...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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