Is diminished capacity an affirmative defense?
California, United States of America
The following excerpt is from McGuire v. Superior Court For Los Angeles County, 274 Cal.App.2d 583, 79 Cal.Rptr. 155 (Cal. App. 1969):
Diminished capacity is an 'affirmative defense' as this concept is used in Jones, since evidence of diminished capacity goes to the capacity of a defendant to achieve a mental state which is a necessary element of the corpus delicti of a particular crime (People v. Anderson, Supra).
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