Explain what lay witnesses are allowed to testify about. Give 3 examples of what lay witness would be allowed to testify about and 3 things that would not be allowed

Question

What will be an ideal response?

Answer 1

A lay witness is allowed to testify about what he/she observed something with the five senses. Lay witnesses are not allowed to give opinions. There is a minor exception to this rule that allows a lay witness to give opinions about things that occur in everyday life.
A lay witness who was an eyewitness to a crime could describe what he/she saw, heard, smelled, felt, or tasted. This would include a description of what the suspect was wearing and everything the witness was watching the suspect do. The lay witness would not be allowed to draw conclusions about the suspect's intent except to state that the actions appeared to be deliberate, etc.
A lay witness could describe a traffic accident that he/she observed. This would include a description of the area, what occurred prior to the accident and after it, evasive maneuvers that the drivers took, etc. The lay witness could state that one of the cars appeared to be going too fast, ran a red light, etc., but not specific details such as the car was going 67 miles per hour and slid for 122 feet after applying the brakes.
In a case where the defendant entered a plea of Not Guilty by Reason of Insanity, a lay witness could describe what he/she observed at the crime scene. This might include that the defendant was unkempt, what the defendant said and did, the fact that the defendant appeared to be talking to someone who was not there, and give facts to show that the statements were irrational when considered in light of the situation at the time. The lay witness would not be allowed to state that the defendant was insane or give a diagnosis.