Assumptions

Our man in Havana

Are assumptions admissible evidence?

shaneybaby

Haddockman wrote: »

Are assumptions admissible evidence?

An assumption would be an opinion would it not? Expert witness could assume.

Our man in Havana

A non expert could therefore not assume?

shaneybaby

Haddockman wrote: »

A non expert could therefore not assume?

I'm sure they could but i'd doubt it would be given any standing. What use is the testimony of someone who doesn't know a whole lot about a particular subject. The Expert is brought in to give an educated view on a subject, an opinion based on experience/learning. An opinion based on anything else would surely be just bluster.

Open to be shot down on the above anyway....

johnfás

Haddockman wrote: »

A non expert could therefore not assume?

A non expert is a witness of fact. What is relevant for a witness of fact is their recollection of what happened, not their opinion. Obviously counsel would seek to infer an assumption based on that recollection of fact.


Witness of Fact

"Did you see the accused picking up the gun?"

"Yes"

"What did you do then?"

"I left the room"

"Was the accused the only person other than the deceased present in the room when you left?"

"Yes"

"What happened next?"

"I heard a gunshot"

"How long after you left the room?"

"Almost immediately"

... and then the barrister would obviously seek to demonstrate to the jury that it could not be anybody but the accused who fired the weapon.

Expert Witness

"There were multiple finger prints on the gun, in fact on the trigger the finger print appears to have been those of the deceased"

"Yes that is the case"

"It it possible therefore, despite the evidence of the first witness, that the gun was in fact fired by the deceased"

"In my opinion that is possible"

Our man in Havana

Good stuff. That answers my question nicely.