NCJ Number
114248
Journal
University of Miami Law Review Volume: 42 Issue: 4-5 Dated: special issue (March-May 1988) Pages: 831-900
Date Published
1988
Length
70 pages
Annotation
This analysis considers the kinds of opinions that expert witnesses may express and have admitted into evidence under the Federal Rules of Evidence, with a focus on situations in which expert opinions combine elements of fact and law.
Abstract
The common view is that Rules 702 and 704 permit expert opinions regarding facts but not regarding laws. However, many situations involve both elements. Appellate courts have uniformly observed that the trial judge is in the best position to determine whether an expert's opinion will assist the jury. Judges clearly try to apply Rules 702 and 704. They appear to balance the perceived ability of the jury to reach an ultimate conclusion of mixed fact and law against the risk that the jury will overvalue the expert testimony. However, judges can ensure that all participants have a common understanding of the relevant principles of law by instructing the expert witness and the jury in the applicable law before the witness answers a question in which legal criteria are to be applied. In addition, the explanation of Rule 704 should be modified. New text should be added to explain the circumstances in which an expert witness should be permitted to state opinions involving legal criteria and to propose a procedure to facilitate this testimony. 409 footnotes.