California, United States of America
The following excerpt is from People v. Krebs, 255 Cal.Rptr.3d 95, 452 P.3d 609, 8 Cal.5th 265 (Cal. 2019):
her behavior. Instead, that remained an issue to be resolved by the jury upon hearing the opposing experts testimony. (Accord, Ake v. Oklahoma (1985) 470 U.S. 68, 81, 105 S.Ct. 1087, 84 L.Ed.2d 53 ["Psychiatry is not ... an exact science, and psychiatrists disagree widely and frequently on what constitutes mental illness, on the appropriate diagnosis to be attached to given behavior and symptoms, on cure and treatment, and on likelihood of future dangerousness. Perhaps because there often is no single, accurate psychiatric conclusion ..., juries remain the primary factfinders [and] ... must resolve differences in opinion within the psychiatric profession on the basis of the evidence offered by each party."].)
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