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Home : Evidence of mental disease or defect admissible when relevant to element of the offense


State of NJ : Evidence of mental disease or defect admissible when relevant to element of the offense


N.J.S.A 2C:4-2


  • 2C:4-2. 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.

         L.1978, c.95; amended 1979,c.178,s.11B; 1981,c.290,s.8; 1990,c.63.