U.S Code last checked for updates: Jun 18, 2021
Rule 704.
Opinion on an Ultimate Issue
(a)
In General—Not Automatically Objectionable.
An opinion is not objectionable just because it embraces an ultimate issue.
(b)
Exception.
In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. Those matters are for the trier of fact alone.
(Pub. L. 93–595, § 1, Jan. 2, 1975, 88 Stat. 1937; Pub. L. 98–473, title II, § 406, Oct. 12, 1984, 98 Stat. 2067; Apr. 26, 2011, eff. Dec. 1, 2011.)