ABSTRACT

This chapter addresses the justification for expert testimony on the batteredwoman syndrome by examining the extant research on the lay person's knowledge for the syndrome, including people own survey. A tripartite test for admissibility of expert testimony states different cases. First, the subject matter must be so distinctly related to some science, profession, business or occupation as to be beyond the ken of the average layman. Second, The witness must have sufficient skill, knowledge or experience in that field or calling as to make it appear that (her) opinion or inference will probably aid the trier in (her) search for truth. Third, expert testimony is inadmissible if the state of the pertinent art or scientific knowledge does not permit a reasonable opinion to be asserted even by an expert. Studies of lay knowledge regarding eyewitness behavior of rape trauma show that it is often at odds with psychological findings.