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This is similar to an insanity defense. Peter Arenella , in the Columbia Law Review ( 1977 p.830), stated, "the defense [of diminished responsibility]...was first recognized by Scottish common law to reduce the punishment of the 'partially insane'." An example of a "diminished capacity" might be extremely low intelligence.

This defense usually does not necessarily result in a verdict of " not guilty"; it often results in the substitution of a lesser offence (eg manslaughter instead of murderMurder is the crime of causing the death of another human being, without lawful excuse, and with intent to kill them, or with intent to cause them grievous bodily harm. When an illegal death is not caused intentionally, but is caused by recklessness or ne), or a mitigated sentenceIn law a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence generally involves a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a cri.

The California Penal CodeThe California Penal Code forms the basis for the application of criminal law in the American state of California. The code is divided into Parts 1 and 2, which each contain "titles," some of these being subdivided into "chapters," with "sections" compris states ( 20022002 is a common year starting on Tuesday (see link for calendar). 2002 was the first palindromic year since 1991 and the last until 2112. 2002 was also designated: International Year of Ecotourism and Mountains National Science Year in the United Kingdom), "The defense of diminished capacity is hereby abolished ... there shall be no defense of diminished capacity, diminished responsibility, or irresistible impulseIn jurisprudence, irresistible impulse is a defense by excuse, in this case some sort of insanity, in which the defendant argues that they should not be held criminally liable for actions which broke the law, because they couldn't control their actions...."