If defense attorneys can establish that their client is, or was at the time of the offense, mentally ill, criminal responsibility, culpability based on mens rea, cannot apply.

Question

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If a defendant is found to be mentally ill, they may not have had the necessary mens rea (intent) to commit the crime and therefore cannot be held criminally responsible. This is commonly known as the insanity defense. However, it is important to note that successfully using the insanity defense can be difficult as it requires meeting specific legal standards and proving the defendant's mental state at the time of the offense.

If Defense Attorneys Can Establish That Their Client Is, or Was