Diminished Capacity as an Alternative to McNaghten in California Law

  • Journal of the American Academy of Psychiatry and the Law Online
  • June 1992,
  • 20
  • (2)
  • 179-183;

Abstract

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.

Footnotes

  • Address reprint requests to: Walter Bromberg, 2855 La Colina, Carmichael, CA 95608.

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