#Fre lay witness professional
An expert witness can also testify otherwise if their professional knowledge can help the fact trier understand the evidence and facts available to the case (Legal information institute n.d). It states that an expert witness must have education, knowledge, skills, experience, and training and testify with respect to their professional or specialized opinions. According to rule 702 governs the testimony of an expert witness (Legal information institute n.d).
Under what conditions may an expert witness testify in a court of law?Įxpert witnesses are governed by four evidence rules as stated under rules 702-706 (Legal information institute n.d). Rule 72 states that an expert witness must possess knowledge, skills, and training to testify during a trial. However, the three witnesses exhibit one major difference: for an expert witness, the testimony statement is based purely on the level of knowledge they have acquired, the research they have conducted, and the career training they have undertaken (Legal information institute n.d). Among the people commonly used as character witnesses in a case are the family members, friends, and neighbors to the victim or the defendant. They testify by giving the personality details of the victim or the defendant. A character witness is a person who has information about the victim, defendant, and other people involved in the case, although they never watched the crime take place. A lay witness is someone who watches the occurrence of a certain event and gives testimony with respect to what they say. According to the US department of justice (n.d), witnesses are categorized into three a lay witness, a character witness, and an expert witness.Īn expert witness is defined as someone with education about a specific field and makes testimony with respect to their area of specialization only. According to rule 702 an expert witness is allowed to make testimony against a case by giving a professional opinion based on sufficient facts and data. The state court also qualifies an expert witness under these qualifications. A qualified expert witness is defined under the federal rule of evidence (n.d) as a person who possesses the knowledge, education, experience, skills, and training in a specific field. This governance depends on two where the case is placed whether in the state court or in the federal court. The governance of expert witnesses comes from the hands of federal and state rules. A witness is qualified to be an expert by the knowledge, education, experience, skills and training they possess.
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