An ultimate issue in criminal law is a legal issue at stake in the

prosecution A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...

of a

crime In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...

for which an

expert witness An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as ...

is providing

testimony In law and in religion, testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. ...

Example

If the issue is the defendant's

mental state A mental state, or a mental property, is a state of mind of a person. Mental states comprise a diverse class, including perception, pain experience, belief, desire, intention, emotion, and memory. There is controversy concerning the exact definiti ...

at the time of the offense, the ultimate issue would be the defendant's sanity or

insanity Insanity, madness, lunacy, and craziness are behaviors performed by certain abnormal mental or behavioral patterns. Insanity can be manifest as violations of societal norms, including a person or persons becoming a danger to themselves or t ...

during the commission of the crime. In the past, expert witnesses were allowed to give testimony on ultimate issues, such as the applicability of the insanity defense to a particular defendant. However, after the 1982 trial of John Hinckley, Jr., the federal

rules of evidence The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of f ...

were changed. Now in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

, federal courts and some states have rules of evidence that specifically rule out legal conclusions drawn by expert witnesses in their testimony. However, a large amount of judicial discretion is allowed in how this rule is applied, resulting in an uneven application of rules across

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...

Definition

The Federal Rules do not say what falls within the definition of an "ultimate issue." However, a long history of case law on the subject suggests that an expert witness runs afoul if he uses the same words (words with legal meaning) that will ultimately be presented to the

jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England du ...

. One court excluded a psychologist's evidence on the credibility of prosecution's

witness In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...

on the grounds that it amounted to an "ultimate opinion", meaning this was an opinion that could only be properly reached by a jury. The expert witness testimony is confined to giving an opinion on whether the defendant had a serious

mental disorder A mental disorder, also referred to as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. Such features may be persistent, relapsing and remitt ...

at the time of the offense, and explaining the symptoms and characteristics of any

diagnosis Diagnosis is the identification of the nature and cause of a certain phenomenon. Diagnosis is used in many different disciplines, with variations in the use of logic, analytics, and experience, to determine " cause and effect". In systems engin ...

given, including other testimony regarding the defendant's mental status ('' mens rea'') and motivation. The expert witness cannot make a statement addressing the issue of whether the legal test for insanity has been met. That is left to the judge and jury. The restriction of expert opinion on ultimate issues includes any testimony on the criminal elements, including testimony that would bear on the mental state of the defendant relevant to ultimate legal decisions to be decided by the triers of fact.

History

The

Federal Rules of Evidence First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local v ...

adopted in 1975 (and their state counterparts) expressly allowed

expert testimony An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as ...

to include statements on ultimate issues if such statements will be helpful to the judge or jury. In 1984, Federal Rule of Evidence 704(b) was added following the trial of John Hinckley, Jr. for the attempted assassination of U.S. President Ronald Reagan. The changes were in part a result of the public

backlash Backlash may refer to: Literature * '' Backlash: The Undeclared War Against American Women'', a 1991 book by Susan Faludi * ''Backlash'' (Star Wars novel), a 2010 novel by Aaron Allston * Backlash (Marc Slayton), comic book character * ''Backla ...

due to Hinckley's successful use of the insanity defense. These changes, in particular Rule 704(b), put limits on expert witness testimony. The new rules of evidence restrict the testimony allowed on the ultimate issue. Rule 704(b) states that the mental health expert may testify to the defendant's

or defect and its symptoms, but may not offer a conclusion on an ultimate issue such as the sanity or insanity of the defendant. The expert witness must refrain from merely giving the jury a conclusion that pertains to the legal issues at hand and cannot testify to legal conclusions (ultimate issues), the rationale being that mental health professional are not attorneys. Judicial discretion remains in determining the limits of testimony as well, such that any testimony that "wastes time' or is irrelevant can be barred. The rationale for this restriction was stated in the legislative history of the rule as the following: The result is that large gray areas remain regarding exactly what testimony is allowed. For example, the

Third Circuit Court of Appeals The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts: * District of Delaware * District of New Jersey * E ...

in ''United States v. Rutland'' ruled that testimony from "an extraordinarily qualified handwriting expert" was admissible on the "ultimate issue of authorship of key documents".

Jeffrey R. MacDonald trial

An example of how this change in the rules of evidence can affect trial testimony is demonstrated in an analysis of the 1979 trial of Jeffrey R. MacDonald, a physician, for the murder of his wife and children, if his trial occurred today. In that trial, an expert testified in support of the defense hypothesis that someone else committed the murders. Expert testimony that the defendant had a "personality configuration inconsistent with the outrageous and senseless murders of isfamily" was not allowed under the rules of evidence in effect at the time because it was considered confusing and misleading. However, under Rule 704(b) this character testimony would not be barred since testimony regarding "personality configuration" is general psychological evidence unrelated to any ultimate issues such as

intent Intentions are mental states in which the agent commits themselves to a course of action. Having the plan to visit the zoo tomorrow is an example of an intention. The action plan is the ''content'' of the intention while the commitment is the ''a ...

malice aforethought Malice aforethought is the "premeditation" or "predetermination" (with malice) required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravated murder in a few. Insofar as the term is still in use, ...

. Also, an expert witness would not be in violation of 704(b) in use today if he gave testimony regarding the defendant's positive behaviors, such as acting like a loving father and husband, which might create the impression that he was not capable of committing such a crime, but is an opinion unrelated to

guilt Guilt may refer to: *Guilt (emotion), an emotion that occurs when a person feels that they have violated a moral standard *Culpability, a legal term *Guilt (law), a legal term Music * ''Guilt'' (album), a 2009 album by Mims * "Guilt" (The Long Bl ...

Conclusions

Rules of evidence are meant to screen what evidence the jury may consider to prevent testimony that is mere opinion from infringing upon the territory of jury decision-making. Rule 704(b) reversed the trend toward permitting the testimony of experts on the ultimate issue. Since so much faith is placed in the jury system, limiting what a jury can consider narrows the jury's options. As in the past, lay witnesses may testify to facts only. The result of rule 704(b) is to prevent expert witnesses such as psychologists and psychiatrists from testimony regarding how the defendant's mental state affected an element of the crime or an element of the defense. It has been ruled that 704(b) bans expert opinions on mental states affecting other elements, not only on questions of insanity, but also on questions on all mental states forming an element of a crime or defense such as

premeditation Malice aforethought is the "premeditation" or "predetermination" (with malice) required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravated murder in a few. Insofar as the term is still in use, ...

in a murder case or

specific intent In criminal law, intent is a subjective state of mind () that must accompany the acts of certain crimes to constitute a violation. A more formal, generally synonymous legal term is : intent or knowledge of wrongdoing. Definitions Intent is def ...

and mens rea.

English law

The position under English law is different from that in the United States as there is no rule preventing an expert from giving an opinion on the 'ultimate issue' in England and Wales. This has been confirmed by the English Courts in both criminal and civilBarings PLC v Coopers & Lybrand 2001 EWHC Ch 17
/ref> cases.

Footnotes

{{reflist

External links

Pennsylvania Code - Rule 704. Opinion on Ultimate IssueAsk your expert the ultimate liability questionsCleary and Graham's Handbook of Illinois Evidence
Mental health law Forensic psychology Evidence law