What is the diminished capacity defense?

California, United States of America


The following excerpt is from People v. Bolen, F069354 (Cal. App. 2017):

"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." (People v. Reyes (1997) 52 Cal.App.4th 975, 982.) As a result, mental impairment and voluntary intoxication are no longer affirmative defenses, as defendant acknowledges. (Ibid.) Now, "[e]vidence of mental disease, mental defect, or mental disorder is admissible solely on the issue of whether or not the accused actually formed a required specific intent, premeditated, deliberated, or harbored malice aforethought, when a specific intent crime is charged" ( 28, subd. (a)), and "[e]vidence of voluntary intoxication is admissible solely on the issue of whether or not the defendant actually formed a required specific intent, or, when charged with murder, whether the defendant premeditated, deliberated, or harbored express malice aforethought" ( 29.4, subd. (b)). Sometimes referred to as "'diminished actuality'" (People v. Elmore (2014) 59 Cal.4th 121, 139; accord, People v. Mills (2012) 55 Cal.4th 663, 671), evidence of

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