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Federal Rules of Evidence (US) QUESTION #3778
Question 1
A defendant is charged with tax evasion. The prosecution calls an expert accountant to testify. The expert states, 'Based on my review of the ledgers, the defendant possessed the specific intent to defraud the government.' The defense objects. How should the court rule?
  • Overrule, because experts may give opinions on ultimate issues under Rule 704(a).
  • Sustain, because Rule 704(b) prohibits experts from stating an opinion on whether a criminal defendant had the mental state constituting an element of the crime.✔️
  • Overrule, provided the expert is qualified under Rule 702.
  • Sustain, because the ledger is the 'Best Evidence' and must be introduced instead.
Correct Answer Explanation
Rule 704(b) is a specific exception to the general rule allowing ultimate issue testimony. 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.