WI · jury_instructions
Wis JI-Criminal 640
Mental Disease or Defect: Expert Opinion Testimony
Ordinarily, a witness may testify only about facts. However, a witness with specialized
knowledge in a particular field may give an opinion in that field.
In determining the weight to give to this opinion, you should consider:
• the qualifications and credibility of the witness;
• the facts upon which the opinion is based; and
• the reasons given for the opinion.
Opinion evidence was received to help you reach a conclusion. However, you are not
bound by any witness’s opinion.
[CONTINUE WITH THE FOLLOWING IF EXPERTS HAVE GIVEN
CONFLICTING TESTIMONY.]
[In resolving conflicts in opinion testimony, weigh the different opinions against each
other. Also, consider the qualifications and credibility of the witnesses and the facts
supporting their opinions.]
ADD THE FOLLOWING IF AN EXPERT WHO HAS BEEN APPOINTED BY
THE COURT UNDER § 971.16(2) HAS TESTIFIED
[The court has appointed (name) to examine the defendant and to testify at trial. You
should weigh the testimony of (name) as you would any other opinion testimony.]
History
Wis JI-Criminal 640 (1/2024). Release No. 63. Wisconsin Court System, 1/2024. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
40c009a9c8dab04c3b215882f22e23ba682f5cad33c3897d0ea9c22a621cc623
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