Can a prosecution cross-examine a psychiatric expert more extensively and searchingly than a lay witness?

California, United States of America


The following excerpt is from People v. Wilson, 114 P.3d 758, 30 Cal.Rptr.3d 513, 36 Cal.4th 309 (Cal. 2005):

A party "may cross-examine an expert witness more extensively and searchingly than a lay witness, and the prosecution was entitled to attempt to discredit the expert's opinion. [Citation.] In cross-examining a psychiatric expert witness, the prosecutor's good faith questions are proper even when they are, of necessity, based on facts not in evidence. [Citation.]" (People v. Dennis, supra, 17 Cal.4th at p. 519, 71 Cal.Rptr.2d 680, 950 P.2d 1035.)

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