Alleged brain damage, diminished capacity, mens rea, and misuse of medical concepts.
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.
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Robert Wood Johnson Medical School, University of Medicine and Dentistry, Piscataway, NJ.
D000328:Adult; D000437:Alcoholism; D001925:Brain Damage, Chronic; D001930:Brain Injuries; D002648:Child; D002650:Child Abuse, Sexual / Q000331:legislation & jurisprudence*; D007174:Disruptive, Impulse Control, and Conduct Disorders; D006801:Humans; D007298:Insanity Defense; D008607:Intellectual Disability; D008297:Male; D009515:New Jersey; D000091402:Prohibitins; D012742:Sex Offenses / Q000331:legislation & jurisprudence*