Can an expert give an opinion whether a witness is telling the truth?
California, United States of America
The following excerpt is from People v. Wilber, E071500 (Cal. App. 2020):
"The general rule is that an expert may not give an opinion whether a witness is telling the truth, for the determination of credibility is not a subject sufficiently beyond common experience that the expert's opinion would assist the trier of fact; in other words, the jury generally as well equipped as the expert to discern whether a witness is being truthful." (People v. Coffman and Marlow (2004) 34 Cal.4th 1, 82.)
Page 26
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an expert give an opinion on whether a witness is telling the truth? (California, United States of America)
When will an expert not give an opinion whether a witness is telling the truth? (California, United States of America)
Is an expert allowed to give an opinion on whether a witness is telling the truth? (California, United States of America)
When will an expert not give an opinion whether a witness is telling the truth? (California, United States of America)
When will an expert witness not reveal the content of a report prepared or opinion expressed by a nontestifying expert? (California, United States of America)
Is it improper for a police officer to render an opinion about whether a child is telling the truth? (California, United States of America)
Can an expert witness whose opinion is based on inadmissible material describe the material that forms the basis of the opinion? (California, United States of America)
When a witness testifies as a percipient witness rather than an expert, can you disregard any opinion that you find unbelievable, unreasonable or unsupported? (California, United States of America)
Is a witness's opinion or opinion intertwined with the witness statements? (California, United States of America)
Does section 2034(i)(2)(B) of the California Medical Code require an expert witness fee to be paid to a treating physician who also gives standard care opinion testimony? (California, United States of America)
