Alleged brain damage, diminished capacity, mens rea, and misuse of medical concepts.

Abstract

As focus on the insanity defense diminishes, defendants may place emphasis on a lack of knowing or purposeful behavior in order to negate a criminal charge. This use of a mens rea defense in accord with Model Penal Code principles is exemplified by the current New Jersey statute. Such a defense may result in a lesser charge or a finding of not guilty. In… (More)

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Cite this paper

@article{Perr1991AllegedBD, title={Alleged brain damage, diminished capacity, mens rea, and misuse of medical concepts.}, author={Irwin N. Perr}, journal={Journal of forensic sciences}, year={1991}, volume={36 3}, pages={722-7} }