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
Page 12
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.