Can an expert give an opinion on the cause of death for the purposes of determining the manner of death?

California, United States of America


The following excerpt is from Long v. California-Western States Life Ins. Co., 279 P.2d 43, 43 Cal.2d 871 (Cal. 1955):

The court's ruling excluding such testimony was correct. This is not a situation comparable to the opinion of a qualified physician relative to the means which might have been employed to produce a given injury, a subject on which he would have peculiar knowledge by reason of experience and study. 10 Cal.Jur. 256, p. 997; People v. Sampo, 17 Cal.App. 135, 150, 118 P. 957. Experiments which can be made without special knowledge or training and which are largely based upon speculation or conjecture are not properly the subject of expert testimony. Cf. Code Civ.Proc. 1870, subd. 9. Moreover, a ballistics expert called by defendant earlier in the case had already testified on cross-examination that conceivably a man holding a pistol might fall so that it would strike the ground butt first and remain pointed toward him; and that the fall would have a tendency to press the finger on the trigger. Thus, it is clear that plaintiffs' theory of the manner of deceased's death was a consideration submitted to the jury, and nothing material along that line could have been developed through plaintiffs' proffered expert testimony.

Other Questions


Can a jury return a guilty verdict on a charge of murder if it finds concurrent causes of death, even if the criminal act was not a principal cause of death? (California, United States of America)
Is testimony expressing opinion on legal question of probable cause inadmissible as improper expert opinion? (California, United States of America)
Does the prosecution have any authority to determine whether the damage to the body caused by postmortem animal scavenging was caused by human caused mutilation? (California, United States of America)
Does a burglar who ransack a victim's car cause cause probable cause for arrest and completed unlawful vehicle taking? (California, United States of America)
What is the test for determining whether there is malice or malice aforethought for the purposes of sentence enhancement purposes? (California, United States of America)
What is the test for determining whether a motorcyclist can be found guilty of causing death by dangerous driving under a "special instruction" in a motor vehicle accident? (California, United States of America)
What factors will the court consider in determining the admissibility of an expert opinion on voice identification? (California, United States of America)
Does an expert who is an expert in medical malpractice have to produce a declaration of opinion based on hearsay statements? (California, United States of America)
What is the difference between testimony by an expert and opinion by a non-expert? (California, United States of America)
Does a jury have to rely on a felony-murder theory in determining that a motorcyclist caused death by careless driving? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.