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.
Wayne State University Law School, 471 West Palmer, Detroit, MI 48202, USA. ai2362@wayne.edu
Ralph
R
Slovenko
D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D005555:Forensic Psychiatry; D006801:Humans; D014481:United States