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Lawmos: Why Does A Witness Need To Be "Recognized As An Expert"? Invades Jury
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Date: May 5th, 2025 11:11 AM Author: ...,,..;...,,..,..,...,,,;.., the concept of a judge "recognizing" a witness as an expert has always bothered me. (http://www.autoadmit.com/thread.php?thread_id=5720633&forum_id=2#48905046) |
Date: May 5th, 2025 11:16 AM Author: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, to weed out charlatans claiming special testifying powers? (http://www.autoadmit.com/thread.php?thread_id=5720633&forum_id=2#48905051) |
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Date: May 5th, 2025 11:19 AM Author: ...,,..;...,,..,..,...,,,;.., cant dr goldberg just be "permitted to give opinion testimony in the area of _____" without being "recognized by the court as an expert in ____" (http://www.autoadmit.com/thread.php?thread_id=5720633&forum_id=2#48905065) |
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Date: May 5th, 2025 11:24 AM Author: novus homo (gunneratttt) what is the difference? if he's permitted to testify then he's been recognized as an expert. in either case the court is saying they've passed the gatekeeping role the court has. (http://www.autoadmit.com/thread.php?thread_id=5720633&forum_id=2#48905081) |
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Date: May 5th, 2025 11:26 AM Author: ...,,..;...,,..,..,...,,,;.., the difference is the court validating his opinion and his expertise by "recognizing" him as an expert in front of the jury. (http://www.autoadmit.com/thread.php?thread_id=5720633&forum_id=2#48905088) |
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Date: May 5th, 2025 11:47 AM Author: novus homo (gunneratttt) by permitting him to speak they've recognized his expertise. and as a practical matter i don't think the juries would be materially influenced by the difference in language. (http://www.autoadmit.com/thread.php?thread_id=5720633&forum_id=2#48905161) |
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Date: May 5th, 2025 11:28 AM Author: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, I think that lay witnesses can and do offer opinions via lay testimony, using Rule 701. but if the opinion will be based on technical or scientific, experience, then Rule 702 kicks in. This site has a nice explanation.
https://www.law.cornell.edu/rules/fre/rule_701
But for a witness to really open up and offers a broad range of opinions and to answer hypotheticals, they have to convince the court that this witness has a special set of background, training, and experience. |
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Date: May 5th, 2025 11:54 AM Author: the walter white of this generation (walt jr.) This is literally the modern trend and what I request (and usually get, although I don't have a numeric breakdown) in virtually every criminal jury trial I do. (Civil side, it depends on who has what experts.) (http://www.autoadmit.com/thread.php?thread_id=5720633&forum_id=2#48905196) |
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Date: May 5th, 2025 11:18 AM Author: LathamTouchedMe If you can’t weed people out then anyone can get up there and start spouting about how what the other side is saying bullshit. (http://www.autoadmit.com/thread.php?thread_id=5720633&forum_id=2#48905063) |
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Date: May 5th, 2025 11:20 AM Author: ...,,..;...,,..,..,...,,,;.., see above. it's terminology, not the court's gatekeeping role, that i have an issue with (http://www.autoadmit.com/thread.php?thread_id=5720633&forum_id=2#48905068) |
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Date: May 5th, 2025 11:54 AM Author: 718-662-5970 well thats a bullshit treadmill
"i have a complaint: the word 'expert' connotes some authority"
"what authority"
"the authority to give credible opinions"
"thats why we use it. whats your specific request here?"
"that we avoid the word which means authority to give credible opinions and use the phrase authority to give credible opininons, or make up a new word X" |
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Date: May 5th, 2025 11:22 AM Author: novus homo (gunneratttt) the whole reason the jury needs an expert is because they don't have the expertise to make an informed decision on their own. so they also can't really judge whether an expert is qualified, so there needs to be some gatekeeper. the same reason you need a license to practice law or medicine.
also, the jury doesn't have to believe the expert. most cases involving experts have competing experts talking about all their credentials so try to get the jury to trust them over the other guy. so the jury still gets to decide how much weight to put on the expert's testimony. |
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Date: May 5th, 2025 11:25 AM It's deeply stupid that substantive matters are decided by which expert seems more legit to a dozen proles. If you're not scared by this, check out your high school classmates' facebook feeds. (http://www.autoadmit.com/thread.php?thread_id=5720633&forum_id=2#48905083) |
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Date: May 5th, 2025 11:31 AM Author: butt cheeks (✅🍑) (http://www.autoadmit.com/thread.php?thread_id=5720633&forum_id=2#48905105) |
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Date: May 5th, 2025 11:51 AM Author: novus homo (gunneratttt) juries are retarded even when it doesn't involved deciding which expert is more qualified. but without juries we're left with some faggot likely to be biased as the factfinder. we wouldn't need juries at all if insurance companies, who are best positioned to judge whether their client is liable and how much the injury is worth, weren't such absolute faggots all the time.
idk, there's no perfect solution. proles are good at sniff-testing people which tends to be fairly accurate. without them we'd be ruled by the obama expert class and trump would be in jail. |
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Date: May 5th, 2025 11:25 AM Author: ...,,..;...,,..,..,...,,,;.., a jury does have the ultimate say of whether the so-called expert is qualified, even with the court's gatekeeping function. i'm not aware of a jury instruction that says that the jury must accept the expert as qualified to render an opinion and can only reject the opinion. (http://www.autoadmit.com/thread.php?thread_id=5720633&forum_id=2#48905084) |
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Date: May 5th, 2025 3:47 PM Author: Metal Up Your Ass Doesn't being an expert allow a witness to testify in a way that regular witnesses cannot? (http://www.autoadmit.com/thread.php?thread_id=5720633&forum_id=2#48905983) |
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Date: May 5th, 2025 3:48 PM Author: Judas Jones Game recognize game, ya honuh. (http://www.autoadmit.com/thread.php?thread_id=5720633&forum_id=2#48905987) |
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Date: May 5th, 2025 3:51 PM Author: hung stud Dat jus what he say (http://www.autoadmit.com/thread.php?thread_id=5720633&forum_id=2#48905997) |