CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Opinion & Scientific Evidence
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Lay Opinion
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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.