What is the diminished capacity defense?

California, United States of America


The following excerpt is from People v. David Carl Park, F071503 (Cal. App. 2018):

"The diminished capacity defense, which addressed an accused's 'general capacity or ability to form a specific intent or harbor a mental element of an offense,' was abolished in 1982. [Citations.]" (People v. Reyes (1997) 52 Cal.App.4th 975, 982, fn. omitted (Reyes); 25, subds. (a), (b).) As a result, evidence of defendant's voluntary intoxication and/or mental defect "may no longer be used as an affirmative defense to a crime," and such evidence is admissible "solely to negate an element of crime which must be proven by prosecution. [Citation.]" (Reyes, supra, 52 Cal.App.4th at p. 982; 25, subd. (a).)

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