All defendants must be informed of the consequences of any plea. Second, they are inappropriate because this alternative to the insanity defense may confuse jurors. The physical element, the actus rea, refers to the actual behavior of the perpetrator, such as aiming and firing a weapon at the victim.
A diminished capacity defense is different from a mens rea defense, but the two overlap considerably and there is not always a clear distinction between the two. Only New Hampshire uses the Durham standard. MHA agrees with this dissenting position.