Rate this paper
  • Currently rating
  • 1
  • 2
  • 3
  • 4
  • 5
3.00 / 2
Paper Topic:

What is the difference between lay testimony and expert testimony?

The Difference between Lay testimony and Expert testimony

Federal law of evidence 701 permits a lay witness to give opinions in certain circumstances if the witness is testifying not as an expert However , the testimony of the witness in the form of opinions or inferences is limited to those opinions , which are reasonably based on the perception of the witness , or helpful to a clear understanding of the witness testimony , or the determination of a fact in issue Furthermore , if the witness testimony is not based on scientific technical or other specialized

knowledge within the scope of rule 702 lay testimony is allowed . Nancy F . Atlas and Scott J . Atlas aptly stated that witness might give both lay and expert testimony

The difference between lay witness and expert witness according to Nancy and Scott Atlas is that a lay witness has a personal knowledge of the underlying facts of the case . On the other hand , an expert witness has no personal knowledge about the case and relies mainly on expertise education or experience to explicate relevant matters such as the causes of past events or the property of past conduct

C . A . J . Coady (1992 ) identifies three s wherein lay testimony can be admitted in court . Such s include the estimate of age , identity and speed (p . 277 . In the case Clifford v Commonwealth cited by Lis Wiehl in the article Sounding Black ' in the Courtroom Court-Sanctioned Racial stereotyping , Wiehl pointed out that in the Collective Facts Rule , the rule authorize lay witness to testify what would otherwise be considered opinion ' testimony if the opinion is a type of inference that lay persons normally and consistently draw . Wiehl explained that in some ordinary situation , an essential element depends on the proof of a set of facts that can only be proven by eyewitness testimony . In this , lay testimony is more important in court than the expert testimony as opinion testimony , which admitted in court served as evidence concerning the identification of a suspect

One that an expert testimony is more important in court is sexual assault . Kimberly A . Lonsway (2005 ) in her article The Use of Expert Witnesses in Cases Involving Sexual Assault stated that , expert testimony is generally used in criminal cases to keep up the hearing of sexual assault . Lonsway noted that in cases such as sexual assault victimization and homicide , expert presents mitigation evidence based on dependant 's history of sexual victimization and other forms of shock Expert testimonies help to construct damages because of sexual assault through clinical diagnosis and assessment

In this case , the testimony of an expert witness is more important than lay witness as expert witness is pre qualified by courts based on their expertise and experience with sexual assault cases . Lonsway points out that their testimony can be particularly important for jurors to evaluate the victim 's behaviors that may be seen confusing or unexpected . In this , lay testimony is not so important as what is being considered is...

Not the Essay You're looking for? Get a custom essay (only for $12.99)