Mock Trial Rules Of Evidence Practice Test

Under Rule 704, may experts testify about the ultimate issue in criminal cases?

Yes; some jurisdictions limit influence. No; never. Only if the witness is not the defendant. Only if the issue is common sense.

Correct Answer:

Yes; some jurisdictions limit influence.

Explanation:

Rule 704 allows an expert to give opinions on ultimate issues, such as whether the defendant had the mental state required for the crime. In criminal cases, though, many jurisdictions limit this kind of testimony to avoid the expert steering the jury’s verdict or effectively deciding the case for them. So the concept tested is that experts may address ultimate issues, but not uniformly; some jurisdictions permit it while others impose limits. An expert might explain factors showing impairment or the likely mental state, but the jury still determines guilt or innocence, and the scope of allowed ultimate-issue testimony can vary by jurisdiction.

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