What are the elements of a diminished capacity defense?

A diminished capacity defense is when a defendant uses evidence that their mental state was impaired at the time of their alleged crime in order to contest the charges against them. This defense applies in the state of Washington and is governed under the state’s Washington Pattern Jury Instructions. In order to be eligible to use a diminished capacity defense, there must be evidence and testimony presented to a jury or judge that shows the defendant’s mental state was diminished at the time of the crime. The elements of a diminished capacity defense include: # The defendant must have had a mental disorder, deficiency, or abnormality at the time of the crime. # The mental disorder must have been significant enough to reduce the defendant’s ability to understand the wrongfulness of the conduct or to conform their conduct to the requirements of the law. # The disorder must have been caused by some type of mental impairment and not by the voluntary use of drugs, alcohol, or any other substance. In addition to providing evidence and testimony of the defendant’s mental disorder, the defense must also explain how their client is different from any other ordinary person in terms of the qualification of the disorder. If the court finds the evidence presented to be sufficient, then the jury or judge must determine if the defendant’s actions were a result of the mental disorder, or based on purposeful intention, impulse, or recklessness.

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What are the elements of a diminished capacity defense?

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