Is evidence of mental disease, defect, or disorder admissible on the question of whether a defendant had the capacity to form the specific intent to commit the crime charged?

California, United States of America


The following excerpt is from People v. Andrews, 2d Crim. No. B264530 (Cal. App. 2017):

Evidence of mental disease, defect, or disorder is not admissible on the question of whether a defendant had "the capacity to form" the specific intent to commit the crime charged. ( 28, subd. (a).) While this evidence is admissible on the question of whether the defendant "actually formed" that intent (ibid.), whether the defendant did so is a question for the jury ( 29). Thus, an expert may not opine on the ultimate question of whether the defendant had the required mental state at the time he or she committed a crime. (Ibid.; see People v. Mills (2012) 55 Cal.4th 663, 672.)

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