| Alleged brain damage, diminished capacity, mens rea, and misuse of medical concepts. | |
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MedLine Citation:
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PMID: 1856639 Owner: NLM Status: MEDLINE |
Abstract/OtherAbstract:
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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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Authors:
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I N Perr |
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Publication Detail:
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Type: Case Reports; Journal Article |
Journal Detail:
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Title: Journal of forensic sciences Volume: 36 ISSN: 0022-1198 ISO Abbreviation: J. Forensic Sci. Publication Date: 1991 May |
Date Detail:
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Created Date: 1991-08-28 Completed Date: 1991-08-28 Revised Date: 2004-11-17 |
Medline Journal Info:
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Nlm Unique ID: 0375370 Medline TA: J Forensic Sci Country: UNITED STATES |
Other Details:
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Languages: eng Pagination: 722-7 Citation Subset: IM |
Affiliation:
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Robert Wood Johnson Medical School, University of Medicine and Dentistry, Piscataway, NJ. |
Export Citation:
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APA/MLA Format Download EndNote Download BibTex |
| MeSH Terms | |
Descriptor/Qualifier:
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Adult Alcoholism Brain Damage, Chronic* Brain Injuries* Child Child Abuse, Sexual / legislation & jurisprudence* Humans Impulse Control Disorders Insanity Defense Male Mental Retardation* New Jersey Sex Offenses / legislation & jurisprudence* |
From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
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