1205

I would respond:

"Under Rule 701, opinions are admissible if rationally based on perception and helpful to the jury. The witness has personal knowledge because he was present and observed the defendant's demeanor. Stumbling and the appearance of drunkenness are matters within common experience. The opinion is rational because people ordinarily use the words "stumbled" and “drunk” to characterize a person's behavior. There is no more helpful way to communicate this observation."

A good, if somewhat awkward, argument addresses all 4 components of the opinion rule: personal knowledge, experience, rationality and helpfulness.

Any questions? Email tanford@indiana.edu and refer to 1205

What about the witness testifying that the pilot smelled like he had been drinking (item 4). What objection could the defense make?
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