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JAMA 100 Years Ago
November 6, 2002

Competency of Expert—Irresistible Impulse—Sanity.

Author Affiliations

JenniferReiling, Assistant Editor


Copyright 2002 American Medical Association. All Rights Reserved. Applicable FARS/DFARS Restrictions Apply to Government Use.2002American Medical Association

JAMA. 2002;288(17):2188. doi:10.1001/jama.288.17.2188-JJY20034-2-1

The Supreme Court of Florida says, in Davis vs. State, that it is the province of the trial court to determine whether or not a witness offered as an expert has such qualifications and special knowledge as to make his opinions in answer to hypothetical questions admissible, and the decision of the trial judge is conclusive on this question, unless it appears on the evidence to have been erroneous, or to have been founded on some error in law. Some courts hold that the trial judge has a discretion not subject to review in passing on the facts relating to the qualifications of a witness offered as an expert, but a discretion of this nature can not be admitted to exist in the jurisprudence of this state (Florida).

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