Example
If the issue is the defendant's mental state at the time of the offense, the ultimate issue would be the defendant's sanity or insanity 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 were changed. Now in the United States, 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 jurisdictions.
Read more about this topic: Ultimate Issue (law)
Famous quotes containing the word example:
“Our intellect is not the most subtle, the most powerful, the most appropriate, instrument for revealing the truth. It is life that, little by little, example by example, permits us to see that what is most important to our heart, or to our mind, is learned not by reasoning but through other agencies. Then it is that the intellect, observing their superiority, abdicates its control to them upon reasoned grounds and agrees to become their collaborator and lackey.”
—Marcel Proust (1871–1922)