1202

I would respond as follows:

"Under Rule 701, opinions are admissible if rationally based on perception and helpful to the jury. The witness has personal knowledge because she was present and observed the car. Estimating the speed of cars is a matter of common experience. It is rational to express this in conclusory terms because that is the way people communicate and there is no more helpful way to express what she saw."

The argument addresses all 4 components of the opinion rule:

a) whether the witness has personal knowledge

b) whether the witness has the experience to make the opinion reliable -- usually common experience, but if not, whether the witness has relevant specialized experience

c) whether the opinion is "rational," i.e., is the type people regularly form based on the amount of personal knowledge, e.g., can you tell if a person is drunk from a 5-second look, or does it take several minutes of observation

d) whether expressing the witness's observations in an opinion will be more helpful to the jury than requiring details

Any questions? Email tanford@indiana.edu and refer to 1202

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