Fed. R. Evid. 704

Opinion on an Ultimate Issue

(a) In General—Not Automatically Objectionable.

An opinion is not objectionable just because it embraces an ultimate issue.

(b) Exception.

In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. Those matters are for the trier of fact alone.

( Pub. L. 93–595, § 1 , Jan. 2, 1975 , 88 Stat. 1937 ; Pub. L. 98–473, title II, § 406 , Oct. 12, 1984 , 98 Stat. 2067 ; Apr. 26, 2011 , eff. Dec. 1, 2011 .)