Discuss, define, compare, and contrast the law on the permissibility of ordinary and expert witnesses to give their opinions. Be sure to provide examples
What will be an ideal response?
Most witnesses are ordinary (or lay) witnesses who are called to testify about the firsthand information they have regarding the case before the court. Their testimony is typically limited to what they have seen, heard (although hearsay is in most instances excluded), smelled, felt, and, on rare occasions, tasted. Law enforcement officers appear in most instances as ordinary witnesses, although some officers also appear as expert witnesses when they qualify, testifying about fingerprinting, traffic matters, weapons, and so on.
An expert witness is a person who has had special training, education, or experience. Because of this experience and background, the expert witness may be able to assist the jury and the court in resolving the issues before them. The party that offers a witness as an expert must lay a foundation (that is, ask a series of questions) establishing the witness as an expert in the field in which the expert will testify and offer opinions. Student examples should be based on the qualifiers that distinguish lay and expert witnesses.
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Indicate whether the statement is true or false