A factual witness is, simply stated, a witness that can only testify to factual knowledge. In order to testify the witness must have personally observed or have personal knowledge of the information being presented.
An expert witness is a witness that is able to express an opinion about the evidence being presented. Expert witnesses can be drawn from a variety of professions including the medical field, psychology, or psychiatry, and are used to testify about specialized areas in order to give both the judge and the jury additional and/or clarifying information about the evidence in question. Expert witnesses are used by both the prosecution and the defense and are compensated for their time. There are several tests that a judge can refer to when deciding to admit a witness as an expert.
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The Frye Standard: Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). This is an early standard that is currently only in use in a few states. The Frye standard essentially states that for scientific evidence to be admitted it must be generally accepted by the scientific community.
2. The Daubert Standard: Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). This standard has replaced the Frye standard in most states. This states that testimony will be admitted provided the methodology that is used is scientifically valid.
3. Federal Rules of Evidence 702: Testimony by Expert Witnesses. A witness who is qualified as an expert based on knowledge, training, or experience may testify as to an opinion provided that:
a. “the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in
An expert witness is a witness that is able to express an opinion about the evidence being presented. Expert witnesses can be drawn from a variety of professions including the medical field, psychology, or psychiatry, and are used to testify about specialized areas in order to give both the judge and the jury additional and/or clarifying information about the evidence in question. Expert witnesses are used by both the prosecution and the defense and are compensated for their time. There are several tests that a judge can refer to when deciding to admit a witness as an expert.
1. …show more content…
The Frye Standard: Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). This is an early standard that is currently only in use in a few states. The Frye standard essentially states that for scientific evidence to be admitted it must be generally accepted by the scientific community.
2. The Daubert Standard: Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). This standard has replaced the Frye standard in most states. This states that testimony will be admitted provided the methodology that is used is scientifically valid.
3. Federal Rules of Evidence 702: Testimony by Expert Witnesses. A witness who is qualified as an expert based on knowledge, training, or experience may testify as to an opinion provided that:
a. “the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in