Does a defendant have a mental illness, mental disorder or mental defect at trial?

MultiRegion, United States of America

The following excerpt is from Murphy v. Asuncion, Case No. 1:16-cv-01934-LJO-EPG-HC (E.D. Cal. 2017):

7. "In the guilt phase of a criminal action, any expert testifying about a defendant's mental illness, mental disorder, or mental defect shall not testify as to whether the defendant had or did not have the required mental states, which include, but are not limited to, purpose, intent, knowledge, or malice aforethought, for the crimes charged. The question as to whether the defendant had or did not have the required mental states shall be decided by the trier of fact." ( 29.)

8. Disapproved on another ground as stated in People v. Scott (2015) 61 Cal.4th 363, 390, fn. 2.

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