Definition
The Federal Rules do not say what falls within the definition of an "ultimate issue." However, a long history 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. One court excluded a psychologist's evidence on the credibility of prosecution's witness 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 at the time of the offense, and explaining the symptoms and characteristics of any diagnosis 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.
Read more about this topic: Ultimate Issue (law)
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