Evidence-Wellborn SU2006 Outline

United states v paul testimony by experts proper

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Unformatted text preview: ns Does the individual who is testifying have enough of the specialized knowledge to be more useful than a lay witness? Subject matter of expert testimony: Expert testimony is admissible on a subject if it concerns "scientific, technical or other specialized knowledge" that "will ASSIST the trier of fact to understand the evidence or to determine a fact in issue." Needs to be helpful, not something that the jurors could just figure out on their own Ex: expert testimony that drug smugglers check bags and travel under pseudonyms does not assist trier of fact (trier of fact already knows this!) UNITED STATES v. MONTAS [Testimony by Experts: Proper Subjects; Qualifications of Witness FRE 702] Facts: Montas bought two tickets in two names other than his own name. Flying under one of those pseudonyms and checking his baggage with the drugs in the other name. Procedural Posture: Prosecution brings in a detective who testifies as to the common M.O. of people who do this. Testifies that people traveling with drugs use pseudonames. Defense gives a general objection to this testimony (...
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