An expert witness is allowed to testify that the defendant's mental state meets the legal definition of intent required to establish guilt for the charged offense.
True
False
The correct answer is false. Under Federal Rule of Evidence 704(b), in criminal cases, an expert witness is prohibited from giving an opinion on whether a defendant had the mental state or intent necessary to meet an element of the charged offense. While expert witnesses can explain their findings and offer opinions within their area of expertise, ultimately deciding intent or guilt is the role of the judge or jury. This prohibition ensures that expert witnesses do not usurp the responsibility of the fact-finder.
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