According to Rule 704(a), is an expert allowed to give opinions on ultimate issues, and what about criminal cases?

• A. An expert may not offer an opinion on an ultimate issue.
• B. An expert may offer opinions on ultimate issues; it is not automatically objectionable.
• C. In criminal cases, experts may freely opine on the defendant's mental state that constitutes an element of the crime.
• D. Ultimate issue opinions are always excluded if based on inadmissible facts.

Answer: (B)

The main idea is that experts are allowed to give opinions on ultimate issues—the rule says it is not automatically objectionable for an expert to opine on an ultimate issue. This means an expert can testify to conclusions that the trier of fact would ultimately decide, rather than just to supporting facts, as long as the testimony isn’t excluded for other reasons.

In criminal cases, there is an important caveat: while Rule 704(a) generally permits ultimate-issue opinions, Rule 704(b) restricts opinions about the mental state of the defendant that constitutes an element of the crime. So an expert can discuss ultimate issues in many contexts, but they may not give a direct opinion that the defendant had the required mental state for a crime. The key takeaway is: ultimate-issue opinions are generally admissible, but mental-state ultimate opinions in criminal cases face a specific prohibition.