CHILDREN AND THE LAW
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Evidentiary Issues
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Expert Witnesses (Psych. Opinion)
.........Opinion In General
12 Cards On This Topic:
Expert testimony admissible re any subject sufficiently beyond common experience such that testimony will assist trier of fact.
Witness is qualified as expert if he/she has special knowledge, skill, experience, training or education to be considered expert on subject of testimony.
Based on profess. experience, E could testify to general behavioral traits of child abuse Vs re delayed reporting; testimony probative as it rehab’d C’s credibility after cross.
No abuse of discretion in admitting O's testimony on stun gun M used where DA never asked O to be qualified as an expert, sufficient foundation laid, and O's testimony clearly regarding area beyond common experience.
Psychologist's testimony interpreting Howard N. was an irrelevant and inadmissible conclusion of law.
As not reasonably probable that admission of foster mother's testimony about V would have resulted in verdict more favorable to D, error in excluding her proposed testimony did not merit reversal.
Psychological expert may give opinion in dependency proceeding that child was sexually abused based on child’s actions and words.
Psychological expert may not express opinion identifying alleged child abuser based on child’s actions or words.
Expert may testify re reactions of child molest victims.
Expert testimony not required to establish that minor’s deviant sexual acts provide justifiable reason to inquire re origins of minor’s behavior.
Expert testimony that victims often delay in reporting molestation properly admitted.
Harmless error to admit therapist’s opinion that father molested minor as court did not rely on it as it was lay opinion: Therapist not expert in identification of perpetrators.