What is the defense of diminished capacity?

California, United States of America


The following excerpt is from People v. Gilliam, A152811 (Cal. App. 2018):

"would be a defense to all of these charges as long as it was involuntary." The prosecutor then stated that the defense of diminished capacity had been abolished and, therefore, evidence of a person's intoxication was "not admissible to show or negate capacity to form particular purpose, intent, motive, malice aforethought." Defense counsel responded by bringing to the court's attention the case of People v. James (2015) 238 Cal.App.4th 794 (James), which counsel said "holds that involuntary intoxication and unconsciousness caused by that is a defense."

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