RULE 704. OPINION ON ULTIMATE ISSUE
Testimony Except as provided in subdivision (b), testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.
(b) No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or of a defense to the crime charged. Such ultimate issues are matters for the trier of fact alone.
Rule 704 was amended, effective__________________________.
This rule is
taken from based on Fed.R.Ev. 704. It should be noted that this This rule applies to the opinions of lay witnesses, whenever admissible, as well as to opinions of experts.
Rule 704 was amended, effective _____________, to add subdivision (b) on expert opinion testimony in criminal cases. The subdivision is based on Fed.R.Ev. 704(b), which was added to the federal rule in accordance with the Insanity Defense Reform Act of 1984.
SOURCES: Joint Procedure Committee Minutes
: of ______________ pages _____; June 3, 1976, page 7. Fed.R.Ev. 704 ; Rule 704, SBAND proposal.