Difference between revisions of "Reputation and Opinion"

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Eyewitness identification is the identification of the accused either visually or in any other sensory manner. During the pre-trial phase, it can be completed in various forms: photo line-up or police sketch. However, these can be weakened by "unconscious transfer" where the police or media convey a perception of guilt onto the accused.
 
Eyewitness identification is the identification of the accused either visually or in any other sensory manner. During the pre-trial phase, it can be completed in various forms: photo line-up or police sketch. However, these can be weakened by "unconscious transfer" where the police or media convey a perception of guilt onto the accused.
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Docks identifications are generally weak and the weaknesses can be exploited in cross examination. In the United States and in other jurisdictions, they allow expert evidence on weaknesses of relying on direct evidence to prove identity as the jury tends to be quite influenced by an emphatic positive identification. Note: be warry that eyewitness identification is subject to influence and human frailty.
  
 
=Second Exception to the Rule Disallowing Opinion Evidence: Expert Opinion=
 
=Second Exception to the Rule Disallowing Opinion Evidence: Expert Opinion=

Revision as of 15:46, 9 July 2012

Background

As a general rule, opinion evidence is inadmissible. Witnesses are supposed to testify about facts, not opinions. The witnesses should present the facts, then the jury (trier of fact) can form opinions on the facts.

Compendious statement of facts is an exception to the opinion evidence rule: lay witnesses are permitted to testify in the form of an opinion if, by doing so, he is more able to accurately express the facts he perceived. There are no degrees of expertness in lay opinion : e.g. no one is an expert witness about whether someone is unable to drive, whether the police or not (but do have this for expert evidence). There is a broad spectrum for allowing testimony of lay people (e.g. handwriting, age of goods, moods). No opinion can be given on legal issue.

A lay person is not qualified to testify on a number of subjects to safeguard against speculation. E.g.: Eyewitness identification and item recognition are opinion matters.

The drawing of interferences are generally prohibited in courts (we do not want police officers coming into court and simply saying "in my opinion, the accused was driving under the influence of alcohol".

Lay opinion evidence is admissible to identify a person or a thing.

There are two exceptions to the rule disallowing opinion evidence: common knowledge and expert opinion.

First Exception to the Rule Disallowing Opinion Evidence: Common Knowledge

Lay opinion (from the accused, experts or outside expertise) can be used if it is part of a shared human experience. Usually a situation where witness cannot explain themselves clearly without using the opinion. It can be argued that opinion evidence can be given provided that it does not usurp the ultimate issue for the trier of fact (i.e.: not conclusive).

Eyewitness identification is the identification of the accused either visually or in any other sensory manner. During the pre-trial phase, it can be completed in various forms: photo line-up or police sketch. However, these can be weakened by "unconscious transfer" where the police or media convey a perception of guilt onto the accused.

Docks identifications are generally weak and the weaknesses can be exploited in cross examination. In the United States and in other jurisdictions, they allow expert evidence on weaknesses of relying on direct evidence to prove identity as the jury tends to be quite influenced by an emphatic positive identification. Note: be warry that eyewitness identification is subject to influence and human frailty.

Second Exception to the Rule Disallowing Opinion Evidence: Expert Opinion