1307

Although the judge has discretion, the better answer is to exclude the testimony. Rule 702 requires the judge to exercise a gatekeeping function and exclude unreliable opinions. The judge is not supposed to just let it all go to the jury and let them decide, because the whole premise of expert witnesses is that jurors are not qualified to draw conclusions on the topic.

Questions? Email tanford@indiana.edu and refer to 1307

Problem 13C. The prosecutor proposes to elicit the opinions of a child’s counselor that the defendant was:

a) Not prone to fantasizing.
b) Not influenced by her mother.
c) Telling the truth.

How should the defense object to this evidence? When you think you know the answer, click here.