Is evidence of mental disease, mental defect or mental disorder admissible in a criminal case?

California, United States of America


The following excerpt is from People v. Zayas, B290897 (Cal. App. 2019):

7. "Evidence of mental disease, mental defect, or mental disorder is admissible solely on the issue of whether or not the accused actually formed a required specific intent, premeditated, deliberated, or harbored malice aforethought, when a specific intent crime is charged." ( 28, subd. (a).) "[A]n expert may not offer an opinion regarding whether the defendant had the capacity to form the intent required for the crime, or whether the defendant actually did form the requisite intent." (People v. Smithey (1999) 20 Cal.4th 936, 960; 29 ["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"]; 28, subd. (a) ["Evidence of mental disease, mental defect, or mental disorder shall not be admitted to show or negate the capacity to form . . . intent"].)

Other Questions


What is the test for evidence of mental illness, defect, or mental disorder in a criminal case? (California, United States of America)
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)
What is the test for admissible evidence in a criminal case where an expert testified that there was no evidence of criminal wrongdoing? (California, United States of America)
Does the Attorney General have any grounds to argue that a section 24 instruction in a mental health case was read as precluding evidence of mental retardation to support evidence of incompetency? (California, United States of America)
Is evidence of prior criminal conduct admissible in criminal cases? (California, United States of America)
Is evidence of a criminal defendant's disposition or propensity to commit the charged offense in a criminal case admissible? (California, United States of America)
Is evidence of criminal activity not charged in a criminal case admissible? (California, United States of America)
Is evidence of a person's character or trait of his or her character in a civil case admissible in the context of a criminal case? (California, United States of America)
What is the state of the law in relation to the admission of evidence in a criminal case of alleged criminal conspiracy? (California, United States of America)
Does section 1101 of the California Evidence Code prohibit the admission of character or propensity evidence in a criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.