In jurisprudence, diminished responsibility (or diminished capacity) is a defense by excuse via which a defendant argues that that although they broke the law, they should not be held criminallyliable for doing so, as their mental functions were "diminished" or impaired.
This defense usually does not necessarily result in a verdict of "not guilty"; it often results in the substitution of a lesser offence (eg manslaughter instead of murder), or a mitigated sentence.
The California Penal Code states (2002), "The defense of diminished capacity is hereby abolished ... there shall be no defense of diminished capacity, diminished responsibility, or irresistible impulse..."
This was the theme of the AAPL workshop, "DiminishedCapacity and the Psychology of Intent." The logic of diminished-capacity-like defenses is that mental capacity to commit a crime, like mental illness, is not an all or none, fl and white phenomenon in every case.
Diminishedcapacity meant a lessening of the mental capacity required to commit the crime "and the psychiatrist could testify as to the ultimate issue." The psychiatrist could explain to the jury why the defendant acted in violation of the law and how mental illness or intoxication lessened the person’s intent.
In reaction to this successful diminishedcapacitydefense, the law was changed both by voter initiative and by the legislature, which resulted in a dismantling of diminishedcapacity.
In criminal law, diminished responsibility (or diminishedcapacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held criminallyliable for doing so, as their mental functions were "diminished" or impaired.
In a series of decisions, given mainly by Lord Deas, a doctrine grew that various types of mental weakness could have the effect of reducing what would otherwise be a conviction for murder (which attracted capital punishment) to one for culpable homicide (where the courts had greater discretion in sentencing).
Instead the court ruled that diminished responsibility required the existence of an abnormality of mind which had the effect that the accused's ability to determine or control his actings was substantially impaired.
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