pknopp
Diamond Member
- Jul 22, 2019
- 71,453
- 27,640
- 2,210
Biased "expert" opinion. He has absolutely NO idea what she was doing or thinking that night.
Sure he does. He can look at the facts and using his experience and expertise, come to a conclusion about her actions and thoughts.
That, btw, is basically what our system is asking the jury to do. So, if opinion doesn't matter, than our whole system is a scam and we should go back to Trial by Combat.
A jury is instructed to rule on the facts. He is no more of an expert than the other 100 people the other side could present that state that they never walk into the wrong apartment.
He seems like he claimed that this was a common occurrence.
"
"How many of all floors have walked to the wrong apartment on the wrong floor and put their key in the wrong door?" the defense asked Armstrong, who replied, "That would be 15%"
"
A little unclear, but it seems that others do do it. So, any "other side" would have to explain why all those other residents were lying.
Police officers are known to lie.
So, it would be the job of the defense to ask the cop to support his claim, and then for him to either do it, or not be able to do it.
If he was unable to support his claim, then his "opinion" on the woman's actions, would hopefully not be given much weight by the jury.
Banning him from giving his professional, expert opinion, seems like an overreach by the judge.
You do not allow those with a biased opinion to state an opinion. It would be little different than allowing the man's mom to give her opinion.
We have to stop this idea that the police investigate and defend themselves. His is not an unbiased opinion.