Diminished Capacity

Diminished capacity is among the most commonly asserted defenses, particularly in first-degree murder cases, but I realized yesterday that I had never blogged about it. Today, I will remedy that. Here’s what you need to know. Generally, negates specific intent. Diminished capacity, first recognized in the case of State v. Shank, 322 N.C. 243 (1988), negates specific intent, typically on the basis that the defendant was severely intoxicated and/or suffered from some mental defect that rendered him unable to form the requisite intent. In a first-degree murder case, it negates the specific intent to kill that is required to establish premeditated murder. See, e.g., State v. McDowell, __ N.C. App. __, 715 S.E.2d 602 (2011) (“The diminished capacity defense to first-degree murder on the basis of premeditation and deliberation requires proof of an inability to form the specific intent to kill.”). But it may be used in non-homicide cases as well. For example: It may negate the specific intent required to commit the offense of taking indecent liberties with a child. State v. Connell, 127 N.C. App. 685 (1997) (finding plain error in trial court’s failure to instruct on diminished capacity). It may negate the specific intent to kill that is an element of AWDWIKISI. State v. Williams, 116 N.C. App. 225 (1994) (“The defense of diminished capacity applies to the element of specific intent to kill which is an essential element of assault with a deadly weapon with intent to kill inflicting serious injury.”). It may negate the intent to [...]