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7. On the issue of the expert's qualifications, the letter may be considered by
In the prosecution of a defendant for forgery, the defense objects to the testimony of a government expert on the ground of inadequate qualifications. The government seeks to introduce a letter from the expert's former criminology professor, stating that the expert is generally acknowledged in his field as well qualified.
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B is correct. Under FRE 104, preliminary questions concerning the qualification of a person to be a witness shall be determined by the court. In making its determination, the court is not bound by the rules of evidence except those with respect to privileges. The letter, although hearsay, may be considered by the judge in determining whether the witness is qualified as an expert.
A is incorrect. Although it is without regard to the hearsay rule, it is the judge, not the jury, who is to determine the admissibility of the expert testimony based on the qualifications provided.
C is incorrect. The FRE, including the rule against hearsay, do not apply to the judge's initial determination of whether the witness is qualified to testify as an expert.
D is incorrect. It is only the judge, without the jury's involvement, who is to determine the qualifications offered in support of the expert testimony. The rules governing hearsay do not apply, so the letter may be considered by the court because it will not be seen by the jury.