What is the diminished capacity defense of diminished capacity in a murder case?

California, United States of America


The following excerpt is from People v. Criscione, 125 Cal.App.3d 275, 177 Cal.Rptr. 899 (Cal. App. 1981):

Appellant now argues that defense counsel should have gone beyond the defense of diminished capacity so vigorously and thoroughly presented at the guilt phase and should have requested instructions on "imperfect" self-defense that is, the honest, but unreasonable belief that one is in danger which might negate the malice aforethought necessary for a murder conviction, thus reducing the offense to manslaughter. (People v. Flannel (1980) 25 Cal.3d 668, 160 Cal.Rptr. 84, 603 P.2d 1.)

Other Questions


Is diminished capacity a defense in the defense of diminished capacity? (California, United States of America)
Does the diminished capacity defense of diminished capacity apply to reduce murder to manslaughter? (California, United States of America)
What is the effect of diminished capacity on the diminished capacity defense? (California, United States of America)
Is diminished capacity a defense of diminished capacity? (California, United States of America)
Does a failure to give diminished capacity-involuntary manslaughter instruction in a second degree murder case constitute a prejudicial error? (California, United States of America)
When a defendant, charged with murder, claims diminished capacity due to voluntary ingestion of alcohol, what range of evidence permits findings from first degree murder down to involuntary manslaughter? (California, United States of America)
When will a jury accept a diminished capacity defense in a motor vehicle accident case? (California, United States of America)
What is the test for a diminished capacity defense in a sexual assault case? (California, United States of America)
Can the felony-murder rule be applied to a charge of assault and murder in a case where appellant entered the home with intent to commit assault or murder? (California, United States of America)
In a capital murder case, in what circumstances will the California Supreme Court order that a juror should not submit a questionnaire for the purpose of selecting a jury in capital murder cases? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.