Is an expert's opinion about a defendant's guilt or innocence admissible?
California, United States of America
The following excerpt is from People v. Hurtado, B265955 (Cal. App. 2016):
A witness may not express an opinion about a defendant's guilt or innocence. (People v. Vang (2011) 52 Cal.4th 1038, 1048.) The reason for this bar is not that guilt is the ultimate issue of fact for the jury. (Ibid.) "Testimony in the form of an opinion that is otherwise admissible is not objectionable because it embraces the ultimate issue to be decided by the trier of fact." (Evid. Code, 805.) Opinions on guilt are inadmissible because they do not assist the trier of fact. The trier of fact can weigh the evidence and draw a conclusion on the issue of guilt as well as any witness can. (People v. Vang, supra, 52 Cal.4th at p. 1048.)
"The determination whether an expert witness's opinion bears upon or decides an ultimate issue in the case is sometimes a difficult decision, and '"a large element of judicial discretion [is] involved.'" (People v. Wilson (1944) 25 Cal.2d 341, 349.)" (People v. Frederick (2006) 142 Cal.App.4th 400, 412.) Any error in admitting an expert witness's "unhelpful comments" concerning a
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