Is a witness not entitled to an opinion concerning the guilt or innocence of a defendant?

California, United States of America


The following excerpt is from People v. Martinez, H041273 (Cal. App. 2016):

"A consistent line of authority in California as well as other jurisdictions holds a witness cannot express an opinion concerning the guilt or innocence of the defendant." (People v. Torres (1995) 33 Cal.App.4th 37, 46.) "[O]pinions on guilt or innocence are inadmissible because they are of no assistance to the trier of fact." (Id. at p. 47.)

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Similarly, "a lay witness may not express an opinion about the veracity of another person's statement." (People v. Houston (2012) 54 Cal.4th 1186, 1221.)

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