Ultimate Testimony Analysis

According to our text, Ultimate Testimony Issue is “expert testimony that specifically answers the legal question in a particular case. It answers the question that the trier of fact (a judge or jury) must decide” (Costanzo & Krauss, 2015). It is better known as “Federal Rule 704” and is used to set restrictions on the language that may be used by experts when giving their opinions on whether a defendant is competent enough to stand trial. Federal Rule of Evidence 704(b) prevents psychiatrists and other expert witnesses in federal criminal trials from testifying as to whether a defendant did or did not have a mental state or condition comprising either an element of the crime or an element of the defense (Buchanan, 2006). The Federal Rules