The following excerpt is from U.S. v. Langford, 802 F.2d 1176 (9th Cir. 1986):
Third, courts have held that the probative value of the expert testimony is outweighed by its prejudicial impact on the jury. See, e.g., United States v. Fosher, 590 F.2d 381, 383-84 (1st Cir.1979). However, the "prejudice" involved in such an inquiry refers to "prejudice" to the defendant. See Smith, 736 F.2d at 1107. Moreover, the expert testimony is no more prejudicial or influential than the eyewitness testimony itself, yet no court has held that eyewitness testimony should be excluded in all cases.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.