RT Journal Article
SR Electronic
T1 Diminished Capacity as an Alternative to McNaghten in California Law
JF Journal of the American Academy of Psychiatry and the Law Online
JO J Am Acad Psychiatry Law
FD American Academy of Psychiatry and the Law
SP 179
OP 183
VO 20
IS 2
A1 Walter Bromberg
YR 1992
UL http://jaapl.org/content/20/2/179.abstract
AB Dr. Diamond’s courageous defense of the diminished capacity plea in People v. Gorshen (1959) emphasized mental disturbances negating malice aforethought. Diminished capacity as a defense in California remained effective from 1978 to 1982 until overturned by a modified American Law Institute rule. Diamond’s advocacy of psychologic elements, including motivation, did much to enliven forensic thinking re: the death sentence and the fated diminished capacity defense.