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Us Versus Dube

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This paper synthesizes the basic facts of United Stated vs. Dube. It explains the role of lay witness testimony, and distinguishes from expert witness testimony. Moreover, it addresses potential problems with lay witness testimony. Finally, we’ll take a closer look at how it impacts final holding and its relevant significant on the case.

John Doe Sr.

MBA Graduate Student

Trident University

ABSTRACT

The case of United States vs. Roland William Dube, Jr., 520 F.2d 250 (1st Cir. 1975) Defendant-Appellant, United States Court of Appeals, First Circuit Court, was argued in May 5, 1975 and decided in June 30, 1975. Dube’s appeal lasted a short 30 days, significantly shorter than cases today.

The case of United States vs. Roland William Dube, Jr., 520 F.2d 250 (1st Cir. 1975) Defendant-Appellant, United States Court of Appeals, First Circuit Court, was argued in May 5, 1975 and decided in June 30, 1975. Dube’s appeal lasted a short 30 days, significantly shorter time than cases heard today. Defendant Dube was tried on an indictment charging him with robbery of a federally insured bank. He did not deny that he committed the robbery, but introduced the testimony of a psychiatrist and a psychologist that he was insane when he committed the offense, (OpenJurist, 1st par). In this case, according to information taken from the case files, found in OpenJurist.org, the prosecution did not present expert testimony instead relied on cross-examination and the lay witness testimony of two bank tellers, and Dube’s accomplice to rebut the case. Two medical doctors, one a psychiatrist, the other a psychologist testified that based on the expert opinion the defendant was a schizophrenic and substantially incapable of conforming to the requirements of the law at the time of crime, (OpenJurist, 3rd par). Due to the minimum time giving during their psychiatric evaluation this type of diagnosis is suspect, (Mims v. United States). According to cited material some of the factors the experts relied on to reach their diagnosis were contradictory. “A lay witness is an ordinary person who testifies based upon their personal knowledge and life experiences. A lay witness is distinguished from an expert testimony, who testifies based upon their qualifications of expertise in their field”, (US Legal.com).
“Many jurisdictions, as well as the Federal Rules of Evidence, now allow for lay witness opinion testimony in certain circumstances. Generally, all that need be shown to have a lay witness express an opinion is that the opinion is (a) rationally based on the perception of the witness and (b) helpful to either a clear understanding of his testimony or the determination of a fact which is in issue. A lay witness' opinion must not be based on knowledge outside the understanding of the ordinary person, (US Legal.com).” Witness testimony as it is with all testimony, can be rebutted. During cross-examination the defense or prosecution can and will focus on the credibility of the witness and the facts. In many cases lay testimony can be negative, take for example, eye witness identification; although perceived as reliable, research shows the opposite.
“The prosecution did not present expert opinion evidence but relied instead on cross-examination and the lay testimony of two bank tellers and Dube's accomplice to rebut his case. Dube moved for a judgment of acquittal on the ground that the prosecution had failed as a matter of law to sustain its burden of proving his sanity beyond a reasonable doubt, but the motion was denied. The jury returned a verdict of guilty and Dube appeals, (OpenJurist.org).” The general acceptance of eye witness identification is up for debate. In the case of US vs. Dube, the lay witness testimony proved more credible than that provided by the psychiatrist and psychologist who provided expert testimony. Granted the prosecution could not proof beyond a reasonable doubt that the defendant was in fact sane, allowed room for an appeal. Once heard by the US Court of Appeal, First District Circuit, the verdict was affirmed. Contrary to the expert witness testimony provided in trial, in this case the lay witness testimony paved the way for a guilty verdict.

Reference
Hansen, M. (2002). Expertise on trial. ABA Journal 88, 22. Retrieved on August 3, 2011 from Proquest.
Personal Injury Attorney (2004). Rule 701. Opinion Testimony by Lay Witnesses. Retrieved on August 3, 2011 from http://www.personalinjuryattorney.com/injuries/rule_701.html.
OpenJurist. 520 F.2d 250. United States v. Dube. United States Court of Appeals, First circuit Court.http://openjurist.org/520/f2d/250/united-states-v-dube. Retrieved on August 3, 2011.
US Legal.com. Lay Witness Law & Legal Definition. http://definitions.uslegal.com/l/lay-witness/. Retrieved on August 3, 2011.

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