What is the exclusion of psychiatric evidence in a criminal case?

With respect to the exclusion of the psychiatric evidence, Byers argues that failure to file tax returns is a specific intent crime and that the psychiatrist's testimony was relevant to show that his actions were negligent, not willful. See United States v. Pomponio, 429 U.S. 10, 11, 97 S.Ct. 22, 23, 50 L.Ed.2d 12 (1976) (per curiam); United States v. Bishop, 412 U.S. 346, 360, 93 S.Ct. 2008, 2017, 36 L.Ed.2d 941 (1973). We need not decide whether 26 U.S.C. Sec. 7203 requires a specific or general intent. Even assuming specific intent is required and assuming further that the psychiatric testimony could in the court's discretion have been admitted to negate specific intent, Byers was not automatically entitled to present that testimony. In United States v. Demma, 523 F.2d 981 (9th Cir.1975) (en banc), we rejected a defendant's offer of psychiatric testimony to prove that he was incapable of forming the specific intent to commit the crime charged. Id. at 986. We stated, "We have not held that expert testimony from qualified psychiatrists is inadmissible when it is offered to prove that a defendant was or was not

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