Volume 36, Issue 3 (May 1991)

    Alleged Brain Damage, Diminished Capacity, Mens Rea, and Misuse of Medical Concepts

    (Received 31 January 1990; accepted 27 August 1990)

    CODEN: JFSOAD

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    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 addition to reviewing applicable law, this report presents a sex offense case in which remote brain damage was invoked as a purported basis for incapacity to formulate the required intent; the study also raises the issue of the inappropriate or questionable use of medical principles, a practice that diminishes professional credibility in the courts and in the community.


    Author Information:

    Perr, IN
    Professor of psychiatry, Robert Wood Johnson Medical School, University of Medicine and Dentistry of New Jersey, Piscataway, NJ


    Stock #: JFS13081J

    ISSN: 0022-1198

    DOI: 10.1520/JFS13081J

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    Author
    Title Alleged Brain Damage, Diminished Capacity, Mens Rea, and Misuse of Medical Concepts
    Symposium , 0000-00-00
    Committee E30