What is an expert witness? What is a lay witness? How might their testimony differ? What are some of the issues involved in deciding whether a person is an expert for purposes of testimony?

Question

What will be an ideal response?

Answer 1

An expert witness possesses special knowledge and skills that are recognized by the court as being relevant to the determination of guilt or innocence. A lay witness is anyone called as an eyewitness, character witness, or for some other explanatory purpose who is not an expert on relevant topics. An expert witness’s testimony may include opinions or drawn conclusions. A lay witness, on the other hand, must testify to facts alone and is precluded from offering opinions or conclusions on the possible meaning of those facts relevant to the case at trial.
Expert witnesses can opine and conclude based on their interpretation of the evidentiary material. Conflicting interpretations can lead to opposing opinions and conclusions. The testimony of a single expert witness might give those who hear it a greater degree of understanding. However, when two expert witnesses testify with strongly held and convincingly expressed opinions that disagree, it tends to confuse the typical listener. The resulting lack of clarity most often translates to doubt in the minds of the jurors.