Citation

Perr IN. J. Forensic Sci. 1991; 36(3): 722-727.

Affiliation

Robert Wood Johnson Medical School, University of Medicine and Dentistry, Piscataway, NJ.

Copyright

(Copyright © 1991, American Society for Testing and Materials, Publisher John Wiley and Sons)

DOI

unavailable

PMID

1856639

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.

Language: en