RULE 5-704. OPINION ON ULTIMATE ISSUE
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 5-704
RULE 5-704. OPINION ON ULTIMATE ISSUE
(b) Opinion on Mental State or Condition. An expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may not state an opinion or inference as to whether the defendant had a mental state or condition constituting an element of the crime charged. That issue is for the trier of fact alone. This exception does not apply to an ultimate issue of criminal responsibility.
Committee note: Section (b) of this Rule is substantively different than F.R.Ev. 704(b). The Federal provision precludes an opinion on the ultimate issue of criminal responsibility, i.e., sanity. The Maryland Rule does not preclude such an opinion. It does, however, preclude an opinion as to whether the defendant had a required intent or mental state where that intent or state is an element of the offense. See Hartless v. State, 327 Md. 558 (1992).
Source: Section (a) of this Rule is derived from F.R.Ev. 704(a). Section (b) is new.
Credits
[Adopted Dec. 15, 1993, eff. July 1, 1994. Amended June 21, 1995, eff. Sept. 1, 1995.]
MD Rules, Rule 5-704, MD R REV Rule 5-704
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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