... version of reality through either theatrics or subliminal manipulation of their emotions. Unfortunately a conviction, especially a life or death sentence, should be based on immutable evidence and facts and not conditional feelings vicariously experienced from a sympathetic juror. He points out that the law does in fact take into account the defendants' actus reas and mens reas. Considering the act itself (such as a mutilation in the Lorena Bobbit case) and the state of mind one finds oneself in (however dysfunctional or psychotic), the law does provide for defenses such as "official justification", "self-defense" and "insanity." The unflattering reality in any court case is the simple fact that both sides want to win, and will try (within reason) any way to do so. This may include tactics that involve, as Mr. Dershowitz puts it, employing "junk science" to present a case, or worse, an abuse of the ...

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