Does the Attorney General have to defend a hypothetical question in a criminal case?
California, United States of America
The following excerpt is from People v. Spalding, F070458 (Cal. App. 2017):
Experts are not permitted to testify that a particular individual had a particular intent, and often hypothetical questions are used to avoid that situation. But it does not follow that every question posed to an expert must be a hypothetical. (See Gillett v. Gillett (1959) 168 Cal.App.2d 102, 107.)
21. Indeed, the Attorney General does not defend that omission at all, but instead argues the omission was harmless.
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