Allan Is on Trial for Murder and Entered a Plea

question 28

Multiple Choice

Allan is on trial for murder and entered a plea of Not Guilty By Reason of Insanity. The judge needs to decide if the following witnesses should be allowed to testify:
•Mike, Ian's neighbor, who claims he has seen Ian on at least six occasions standing alone on the balcony of his apartment yelling and ranting as if addressing a large audience but no one is there.
•Dr) Nora, a board certified psychiatrist who has reviewed the file but never examined Ian.
•Oswald, an emergency room employee, who treated Ian for numerous self-inflicted injuries the day before Ian killed the victim in this case. Oswald asked Ian about the injuries, and Ian told him, "The devil made me do it!" Should Oswald be allowed to testify about Ian's statement, "The devil made me do it!"?

• A) Yes, Oswald can testify as a lay witness and state what he heard Ian say.
• B) Yes, Oswald was working in the emergency room so he qualifies as an expert witness.
• C) No, Oswald can only testify in this kind of case if he is a board certified psychiatrist.
• D) No, Oswald should not be allowed to testify because the event he was involved in did not happen on the day of the crime.