Diminished capacity could only be used to determine sentencing for the defendant.The defendant must prove by “a preponderance of the evidence” that they were incapable of understanding the nature and quality of the act and distinguishing right from wrong at the time of the crime committed.Raises the threshold for insanity by abolishing diminished capacity which excludes intoxication or mental illness from determining insanity.Therefore, the statute creates the insanity defense in order to understand and convict the defendant.Ĭalifornia Penal Code Section 25 includes the following (“California Penal Code”): California Penal Code Section 25 takes both stipulations into account and understands that mental illnesses can interfere with the defendant’s ability to intend to commit a crime. In criminal law, there are two central stipulations that are required for criminal sanction: mens rea and actus reus (Feuerstein sec. The statute was amended again in 1994, when personality disorders or intoxicating substances were included as insufficient to justify insanity (Malo et al. In 1982, Proposition 8 passed California’s “first statutory definition of insanity” (Malo et al. Since then, it has been used and amended several times to create the present California statute. It was first used in 1843, as the M’Naghten Rule in Great Britain (Feuerstein et al. ![]() The insanity defense has been used in criminal trials for hundreds of years. ![]() In California, defendants in criminal cases are given five options of pleas, one of which is “not guilty by reason of insanity.” This plea was created by California Penal Code Section 25, also known as “the insanity defense.” Although only 20 out of 100,000 defendants have currently used the insanity defense in California, the defense is still significant to state law (Lyons sec.
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