Expert Testimony

What is an expert as defined by the courts?

someone who is educated and has years of knowledge and schooling on the specific topic who has experience in this topic

Who decides whether someone is an expert?

The Judge

What is the legal standard for qualifying as an expert?

• Someone who has knowledge and that is "above and beyond" the fact finder

• Judge is the gatekeeper to whether an expert is qualified

What can an expert testify about?

• Experts are generally given more latitude than fact witnesses when providing testimony

• Unlike fact witnesses they can provide empirically based opinions that are revertant to specific case

• They are NOT able to provide ultimate opinion testimony

Ultimate opinion on testimony

• Expert testimony is over powering and strongly affects jurors decisions

• Cases become a "battle of the experts" among opposing "hired guns"

Frye v U.S. (1923)

• Case facts: Expert was proffered to testify about a deception test given to the defendant

• General Acceptance Standard/Frye Standard: Method that was used to create the polygraph don't have a foundation in good science

Divert v U.S. (1993)

Admissibility decisions are focused on the procedure upon which the testimony is based example the scientific method not the conlcusions themselves

Federal Rule of Evidence 702

Standard for admission of expert testimony based on the application of reliable scientific methods to known facts and data