NCJ Number
130203
Journal
Journal of Forensic Sciences Volume: 36 Issue: 3 Dated: (May 1991) Pages: 722-727
Date Published
1991
Length
6 pages
Annotation
The application of the mens rea defense according to the Model Penal Code principles is exemplified by the 1979 New Jersey statute and a sex offense case.
Abstract
It deals with the intent to do the act and to know the effect of the act, such as the physical consequences in a murder, rather than an intent to do evil. The prime difference between a mens rea defense and an insanity or criminal responsibility defense is a lesser charge or a finding of not guilty. With the latter finding a person is free to go about his business. Whereas with the finding of not guilty because of reason of insanity, the person is under the jurisdiction of both the criminal justice systems and mental health systems and is incarcerated in a specially designated institution for an indefinite period of time dependent on the State. The sex offense case of Jerry the cowboy, a 39 year old man charged with sexual penetration of a minor boy several years earlier, is used to illustrate the misuse of psychiatric or other medical concepts. Remote brain damage was invoked as a purported basis for incapacity to formulate the required intent. This practice diminishes professional credibility in the courts and in the community. 1 reference (Author abstract modified)