Answered

Which is not true in regards to Diminished Capacity?

A. It cannot be used in court proceedings in regard to misdemeanors and/or felonies.
B. It can be used as a defense only if you are saying your actions were altered by your poor diet, such as Twinkies or other "junk" food.
C. It was abolished as a defense with Prop. 8.
D. It may be considered by the court, but only at the time of sentencing or other disposition, after the issue of guilt or innocence has been determined.



Answer :

GinnyAnswer

Final answer:

Diminished Capacity defense involves the reduction of murder charges based on mental capacity. In California, the defense was abolished post a controversial trial involving junk food altering mental state.


Explanation:

Diminished Capacity is a defense that may reduce a first-degree murder charge to second-degree murder or manslaughter if the defendant lacks the mental capacity for the appropriate criminal intent. In California, it was abolished as an affirmative defense after a highly publicized trial involving junk food (Twinkies) altering mental state.

Diminished Capacity defense's admissibility is limited to sentencing proceedings after the issue of guilt or innocence has been determined. It differs from the insanity defense and may be considered at the time of disposition.


Learn more about Diminished Capacity Defense here:

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