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NCJRS Abstract

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NCJ Number:	90257

Title:	Note on the Abolition of Diminished Capacity as a Defense in California

Journal:	Criminal Justice Journal Volume:5 Issue:2 Dated:(Spring 1982) Pages:325-338

Author(s):	P M Lazarus

Date Published:	1982

Page Count:	14

Format:	Article

Language:	English

Country:	United States of America

Annotation:	The California legislature has virtually eliminated the defense of diminished capacity through its passage of Senate Bill 54 on September 10, 1981.

Abstract:	This change returns California law to the pre-1949 era. California's adoption of the diminished capacity standard rested ultimately on the English insanity test formulated in 1843 in Queen v. M'Naghten. California codified the insanity plea in 1927. In 1949, in People v. Wells, the State took the stand that psychiatric evidence was relevant to a defendant's specific mental state at the time of the crime. People v. Gorshen further expressed and defined this view. However, Senate Bill 54 rejects the reasoning and rules developed in this series of cases. The legislature has evidently decided that the only relevant question is one of intent. Once intent is shown, no other mental state is required to convict a defendant. Nor is it relevant whether defendants knew of their obligation to conform their behavior to acceptable societal standards. Nevertheless, it is unclear what evidence would prove whether the defendant actually formed the requisite mental state. Further legislation in this area is likely. Reference notes are provided.

Index Term(s):	California; Diminished capacity defense



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