What is the test for an expert who assesses whether a defendant had the required mental state to commit a crime?
California, United States of America
The following excerpt is from People v. Martinez, A149753 (Cal. App. 2018):
charged. ( 28, subd. (a).)3 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).4 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, fn. 4.)
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