This question should be answered using three IRAC structures. Please include all relevant keywords in your answer.
A defendant on trial for arson calls three witnesses. A lay witness, Alice, testifies that she talked to the arsonist on the phone and that an audio clip of the defendant’s voice does not match the arsonist’s voice. Another lay witness, Betty, testifies that the defendant is not guilty of arson because he has a phobia of fires. Finally, an expert witness, Carol, testifies that she examined the crime scene and determined the fire was accidental. The prosecution calls its own expert witness to testify that Carol could not have determined the fire was accidental, because there was not enough evidence remaining at the crime scene to give a reliable opinion. Carol admits that she is not certain of her opinion.
Is the testimony of the defendant’s three witnesses admissible?
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Hint
To answer this question, you should think about and discuss whether a lay witness is permitted to testify to her opinion, whether a lay witness is permitted to testify to legal conclusions, and whether an expert witness may give her opinion where scientific knowledge would assist the trier of fact.
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Alice's Lay Opinion
Betty's Lay Opinion
Carol's Expert Opinion
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