1209

I would say:

"I object to the witness's opinion about the pilot's ego and job under Rule 701. No foundation has been laid that he has enough personal knowledge to justify such an opinion, and it is not rational for someone to draw an opinion about the size of someone's ego or their occupation based only on observing a person for a few minutes after an accident in which they are disoriented."

Any questions? Email tanford@indiana.edu and refer to 1209

The following transcript is from the movie "A Few Good Men." Two marines, Dawson and Downey, are on trial for murder. The prosecution contends they killed Pvt. Santiago because he reported one of them for illegally firing his weapon. The defense contends that they killed Santiago because they were ordered to do so by their superior officers. The trial begins with the prosecution's first witness, an investigator named McGuire.

Q. Mr. McGuire, would you state your full name and occupation for the record, please?
A. Robert C. McGuire, Special Agent, Naval Investigative Service.

Q. Mr. McGuire, did your office receive a letter from PFC William Santiago on 3 August of this year?
A. We did.

Q. What did the letter say?
A. That a member of Private Santiago's unit had illegally fired his weapon over the fenceline.

Q. Was that marine identified in the letter?
A. No sir. I notified the barracks C.O., Colonel Jessep, that I would be coming down to investigate.

Q. And what did you find?
A. For the shift reported, only one sentry -- Harold Dawson-- returned his weapon to the switch with a round of ammunition missing.

What objection should the defense make? Write out your answer and click here.