6.9 Intoxication-Diminished Capacity is a legal defense that is used to reduce the severity of a charge due to an accused's mental impairment caused by alcohol or drugs. This defense is based on the idea that the accused was too impaired to form the necessary mental state for the crime at the time of the offense. There are three types of 6.9 Intoxication-Diminished Capacity: (1) voluntary intoxication, (2) involuntary intoxication, and (3) medical intoxication. Voluntary intoxication occurs when an accused knowingly and voluntarily consumes alcohol or drugs and later commits a crime; involuntary intoxication occurs when an accused unknowingly consumes alcohol or drugs and later commits a crime; medical intoxication occurs when an accused takes legitimate medication, prescribed or not, and later commits a crime.
6.9 Intoxication-Diminished Capacity
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FAQ
An example of a "diminished capacity" might be extremely low intelligence. In the English case of R v Raven, a man who had a physical age of 22 years but a mental age of only 9 years felt provoked by homosexual advances and killed his perceived attacker.
General Intent Crime: The doctrine of diminished capacity allows a defendant to avoid criminal liability by showing that his mental capacity was so diminished that he could not have had the intent required to commit the crime he is charged with.
The diminished capacity plea is based on the belief that certain people, because of mental impairment or disease, are simply incapable of reaching the mental state required to commit a particular crime.
The diminished capacity defense allows defendants to attempt to show that they could not have had, and therefore did not have, the mental state required for conviction of a crime. California limited use of the defense; if the cause of diminished capacity was other than mental illness, mental defect, or intoxication,
'Significantly reduced mental capacity' means the defendant, although convicted, has a significantly impaired ability to (A) understand the wrongfulness of the behavior comprising the offense or to exercise the power of reason; or (B) control behavior that the defendant knows is wrongful. ".