Which defense contends that the defendant should be not guilty because, for example, of a lack of the ability?
Which defense contends that the defendant should be not guilty because, for example, of a lack of the ability to form mens rea?
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Men rea is not the only element of a crime, a person would have to be extremly retarded not to know they were engaging in an illegal act!~!
Maybe mental disease or defect? Your question is incomplete.
impossibility is a defense to an attempt. Lack of ability to form the mens rea is a variation on insanity or diminished capacity or voluntary intoxication to the point where one is unable to form the requisite intent.
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