CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Lay Opinion
.........Proper Subjects
............Identification: Generally
6 Cards On This Topic:
  • Dist. court did not abuse its discretion in admitting D's probation officer's lay opinion I.D. testimony of D under FRE 701 and FRE 403 where he was directed to conceal his status from jury.
  • ID of accused may be based upon several factors, including appearance, voice, features or habits.
  • Conditions when lay witness who was not percipient witness may express opinion as to identity of suspect in photo whose appearance has changed.
  • ID of accused need not be free from doubt.
  • In-court ID is accepted method of testing witness competency and credibility.
  • Masked suspect may be identified by characteristics other than facial features.