NCJ Number
92193
Journal
University of San Francisco Law Review Volume: 17 Issue: 2 Dated: (Winter 1983) Pages: 307-332
Date Published
1983
Length
26 pages
Annotation
Senate Bill 54, passed by the California Legislature following the diminished capacity defense used at the Dan White trial for the 1978 homicides of San Francisco Mayor George Moscone and Supervisor Harvey Milk, attempted to abolish the diminished capacity defense and limit mens rea defenses for first and second degree murder.
Abstract
The new law repealed the diminished capacity defense by limiting the types of psychological evidence admissible at trial. According to the law, evidence of voluntary intoxication and mental abnormality is only admissible to prove a defendant did not actually form a required mental state. Psychological evidence of insanity or a diminished mental capacity is inadmissible during the guilt stage of the trial. Analytical distinctions between insanity, diminished capacity, and diminished mental state can be made. However, in practice, all three of these defenses are based on similar kinds of evidence. Senate Bill 54 is subject to constitutional attack unless the courts are willing to admit psychological evidence liberally. It also appears that the new diminished mental state defense has not been extended to include general intent crimes. Senate Bill 54 has fallen short of its goal to eliminate the diminished capacity defense. If the legislators intent to limit mens rea defenses, they may have to reevaluate the way crimes are traditionally defined. A total of 127 notes are included. (Author summary modified)