Diminished Capacity Flashcards
Diminished Capacity - 2 ways
Failure of Proof (no crime) and Partial Responsibility (affirmative defense)
Failure of Proof under Diminished Capacity
- Some states = Model Penal Code, permit introduction of such evidence, when relevant, to negate the MR of any crime.
- Other states = some or all specific‐intent offenses.
- A third group bars “diminished capacity” evidence for all offenses.
Partial Responsibility for Diminished Capacity
Very few states recognize the “partial responsibility”
defense. Where it does apply, it is only a defense o bump murder down to MSL.
Intoxication - 2 ways
- failure of proof & affirmative defense
- liability depends on voluntary or involuntary intoxication
Voluntary Intoxication
any situation in which D becomes intoxicated after knowingly ingesting a substance that she knows, or is aware there is a likelihood, or should know, can cause her to become intoxicated. - K, R & N
Criminal negligence
GROSS deviation
Failure of Proof for Voluntary Intoxication - AR
- Not allowed to prove act was not volitional
- Could use if could not have committed act - completely unconscious
Failure of Proof for Voluntary Intoxication - MR
- Not for GI
- Yes - for SI
Failure of Proof for Voluntary Intoxication -Affirmative Defenses
- NO
- Unless as basis for long term mental illness caused by voluntary intoxication
Involuntary Intoxication - 4 situations
- D is forced to ingest
- Innocent mistake - root beer - real beer
- Prescribed medicine
- Pathological biological reason
Involuntary Intoxication - AR
Always a basis for finding D’s act not volitional.
Involuntary Intoxication - MR
Could be a basis for lacking MR in both GI & SI
Involuntary Intoxication - Defense
Temporary insanity - w.o. the due to mental disease/illness element
