California, United States of America
The following excerpt is from People v. Andrews, 2d Crim. No. B264530 (Cal. App. 2017):
Evidence of mental disease, defect, or disorder is not admissible on the question of whether a defendant had "the capacity to form" the specific intent to commit the crime charged. ( 28, subd. (a).) While this evidence is admissible on the question of whether the defendant "actually formed" that intent (ibid.), whether the defendant did so is a question for the jury ( 29). Thus, an expert may not opine on the ultimate question of whether the defendant had the required mental state at the time he or she committed a crime. (Ibid.; see People v. Mills (2012) 55 Cal.4th 663, 672.)
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