What are the biggest cases defended by 'diminished responsibility'?

DyranLK

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For example, a person drugged against their will committing assault, felonies, etc. What are the bigger known cases involving this in which the alleged perpetrator committed crimes against their will, such as serial murder, etc, and has there been any big ones like so? Thanks! [- A non-expert in legal affairs... ;P]
 

GeorgeK

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Setting would be important. When I was a kid vehicular homicide was like, "Oh he was drunk, so I guess that's that."
 

GregFH

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You're asking about a complicated area of law. Diminished responsibility/capacity is not the same as insanity. The first is only a partial defense, the second a complete defense. Not all states allow the defense of diminished capacity. Those that do generally allow it only for specific intent crimes as opposed to general intent crimes. It can be asserted along with insanity; they aren't mutually exclusive. As for the "big" cases, am not sure how to research that other than good old fashioned googling. If you can get yourself access to one of the data bases that include law reviews and other legal periodicals, you can probably find some articles that discuss both the legal principles and key cases.
 

cornflake

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For example, a person drugged against their will committing assault, felonies, etc. What are the bigger known cases involving this in which the alleged perpetrator committed crimes against their will, such as serial murder, etc, and has there been any big ones like so? Thanks! [- A non-expert in legal affairs... ;P]

You mean diminished capacity, and there's no serial killer even tried to claim it afaik. Don't know how that'd be possible.

A DC defense is tricky and rare and will usually lose, same as insanity defenses (as above, not the same thing). Patty Hearst was convicted straight, I believe.
 

JNG01

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For example, a person drugged against their will committing assault, felonies, etc. What are the bigger known cases involving this in which the alleged perpetrator committed crimes against their will, such as serial murder, etc, and has there been any big ones like so? Thanks! [- A non-expert in legal affairs... ;P]

Look at California v. White.

There's also a difference between an affirmative defense of dimished capacity, an affirmative defense of duress, and providing evidence that calls into reasonable doubt the prosecution's proof of the required mens rea. The first two essentially admit that a crime occurred but ask for it to be partially or wholly justified or excused based on the defense. The last one argues that no crime can be proven, because there is reasonable doubt concerning whether the defendant acted with the required mental state.

Also keep in mind that diminished capacity isn't allowed as an affirmative defense in some states. And federally, it's just a sentencing guidelines factor.
 
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Roxxsmom

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John Hinkley Junior. He shot the POTUS and was not guilty by reason of insanity. Mind you, he was sentenced to an institution and was only released last year. Still, it sounds like his life there was better than it would have been in a prison.
 
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GregFH

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John Hinkley Junior. He shot the POTUS and was not guilty by reason of insanity. Mind you, he was sentenced to an institution and was only released last year. Still, it sounds like his life there was better than it would have been in a prison.

Insanity and diminished capacity/responsibility are not the same thing. The former, generally, means no crime was committed but results in commitment. The latter means there was a crime but in some way liability should be reduced, but not eliminated, from what it would normally be. The latter is not allowed in all states. The details of how each works, such as which side has the burden of proof and what that burden is, can vary some by state.
 

cornflake

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Insanity and diminished capacity/responsibility are not the same thing. The former, generally, means no crime was committed but results in commitment. The latter means there was a crime but in some way liability should be reduced, but not eliminated, from what it would normally be. The latter is not allowed in all states. The details of how each works, such as which side has the burden of proof and what that burden is, can vary some by state.

Hang on -- an insanity plea (depending on what state we're talking about informs what that entails), is a positive defense. It's an admission of guilt. It doesn't mean no crime was committed; it means the person who committed the crime isn't going to be held responsible for it, because he or she (insert reason related to statute here -- often by reason of disease, person exhibits a lack of understanding of the act/inability to conform behaviour, or lack an understanding of the wrongfulness thereof, depending on the standard used) was insane at the time of the offense.

It doesn't result in commitment; it results in remanding the person to care until such time as they are returned to a state in which they can understand/appreciate and aren't likely to pose a danger to themselves or society. That can be a very short time or a very long time (and is often politically motivated). People have basically walked away from winning insanity pleas; people have spent decades in psychiatric facilities following winning insanity pleas. Insanity pleas remain an incredibly rare thing for any atty to try and an even rarer win.

Diminished capacity is, indeed, specific to jurisdiction, and is used to move (mostly to mitigate) either charges or sentencing.

Also, Hinkley yeah, much better off than if in prison -- he wouldn't have been spending weekends at home for decades from prison. Nor would he likely have gotten out.
 

GregFH

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Hang on -- an insanity plea (depending on what state we're talking about informs what that entails), is a positive defense. It's an admission of guilt. It doesn't mean no crime was committed; it means the person who committed the crime isn't going to be held responsible for it, because he or she (insert reason related to statute here -- often by reason of disease, person exhibits a lack of understanding of the act/inability to conform behaviour, or lack an understanding of the wrongfulness thereof, depending on the standard used) was insane at the time of the offense.

It doesn't result in commitment; it results in remanding the person to care until such time as they are returned to a state in which they can understand/appreciate and aren't likely to pose a danger to themselves or society. That can be a very short time or a very long time (and is often politically motivated). People have basically walked away from winning insanity pleas; people have spent decades in psychiatric facilities following winning insanity pleas. Insanity pleas remain an incredibly rare thing for any atty to try and an even rarer win.

Diminished capacity is, indeed, specific to jurisdiction, and is used to move (mostly to mitigate) either charges or sentencing.

Also, Hinkley yeah, much better off than if in prison -- he wouldn't have been spending weekends at home for decades from prison. Nor would he likely have gotten out.

Technically, at least in some states, insanity does mean that the person accused did not commit the crime because he/she lacked the necessary mens rea. And it does result in commitment, although I agree that it does not mean indefinite commitment.
 

cornflake

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Technically, at least in some states, insanity does mean that the person accused did not commit the crime because he/she lacked the necessary mens rea. And it does result in commitment, although I agree that it does not mean indefinite commitment.

In what state is a NGRI not a positive defense? I'm not familiar with every state, obviously, bur I've never heard of it as anything but. The only non-NGRI insanity pleas I know of are 'guilty but...' which are also affirmative.

As well, lacking mens rea doesn't mean someone didn't commit the crime, nor does saying someone didn't commit the crime (acquittal, basically), mean there was no crime at all. These are all different things.

Does not necessarily result in commitment, no.