Expert Opinion Evidence


Expert Opinion Evidence : The testimony of an expert in which he is permitted to state his opinion on a question of science, skill, or trade. Thus the opinions of medical men are regularly admitted as to the cause of disease, death, consequences of wounds, sanity, and state of mind. Numerous other professional's testimony is similarly considered. In many Federal and State jurisdictions, witnesses who qualify to the satisfaction of the Court to be especially skilled in the chemistry and behavior of fire are permitted to form and express opinions to the jury as to origin and cause of the fire. They are never permitted to testify as to who set the fire; that is the exclusive province of the jury. The jury may believe or disregard the opinions of conclusions of an expert witness or weigh his credibility in the same manner they can weigh the testimony of any other witness. In some jurisdictions, courts only allow an expert fire witness to testify as to his findings; for example, that he found evidence of a bomb, accelerant, or separate and distinct points of origin. Courts in those jurisdictions that are more conservative about the admission of expert testimony will not permit the expert to state his conclusion of opinion as to cause. They hold that this area is the excessive province of the jury or the triers of fact
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