Commentary: Deceptions to the rule on ultimate issue testimony.
Federal Rule of Evidence 704(b) (and state counterparts) bars opinion testimony on the effect of mental state on an element of a crime or defense. The application of the rule involves substantial judicial discretion. As the jurisprudence to date indicates, deceptions to the rule circumvent its application.
Slovenko
Ralph
R
Wayne State University Law School, 471 West Palmer, Detroit, MI 48202, USA. ai2362@wayne.edu
D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D005555:Forensic Psychiatry; D006801:Humans; D014481:United States