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Ascription of Criminal States of Mind: Toward a Defense Theory for the Coercively Persuaded (Brainwashed) Defendant

1978; RELX Group (Netherlands); Linguagem: Inglês

1556-5068

Richard Delgado,

Law in Society and Culture

Sets forth and discusses the concept of superimposed mens rea (criminal intent that is not the actor's own), which can afflict victims of thought reform and brainwashing. Establishes the plausibility of such a concept through a number of examples. Reviews existing legal doctrines to understand how analogous concepts can relieve the actor of liability in similar settings. Concludes that the presence of an implanted mens rea may form the basis for a tenable legal defense theory. Offers criteria for determining when such a transfer of mens rea has occurred and considers possible objections to a new defense.