Evidence: Testimonial Evidence: Witnesses: Opinion Testimony by Lay Witnesses

    • Opinion testimony by Lay witnesses: Opinions by lay witnesses are generally inadmissible, BUT it is admissible if it is rationally based on the witness's perception (personal knowledge), and helpful to the jury. Lay witnesses can testify about:

      • Sobriety (drunkenness)
      • Emotions
      • Speed of a moving object
      • Handwriting
      • Smells (sense recognition)