Evidence of mental disease or defect admissible when relevant to element of the offense
Known as the September 11th, 2001 Anti-Terrorism Act
The act spans §§ 2–2 (912 sections).
Applied in 4 court decisions — leading case Johnson v. Rosemeyer (1997)
Most recently applied in Affinito v. Hendricks (May 2004)
L.1978, c.95; amended 1979,c.178,s.11B; 1981,c.290,s.8; 1990,c.63.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Evidence of mental disease or defect admissible when relevant to element of the offense.
Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did not have a state of mind which is an element of the offense. In the absence of such evidence, it may be presumed that the defendant had no mental disease or defect which would negate a state of mind which is an element of the offense.
Current official text: New Jersey Legislature. Digitized from the New Jersey Legislature bulk statutes download. Reproduced from public-domain New Jersey statutes; confirm against the official source for the current text. Not legal advice.