What is the test for determining the reliability of testimony?

California, United States of America


The following excerpt is from People v. Woods, B226542 (Cal. App. 2011):

Our inquiry into the proposed testimony's reliability is controlled by the offers of proof regarding the testimony ( 354). As the court explained in People v. Schmies (1996) 44 Cal.App.4th 38, 53, "[a]n offer of proof should give the trial court an opportunity to change or clarify its ruling and in the event of appeal would provide the reviewing court with the means of determining error and assessing prejudice. [Citation.] To accomplish these purposes an offer of proof must be specific. It must set forth the actual evidence to be produced and not merely the facts or issues to be addressed and argued." (Italics added.) We therefore limit our analysis to the specific evidence identified in the offers of proof. (Id. at p. 54.)

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