ADM JUS 2 Lecture Notes - Lecture 26: Subjectivism, Burglary, Diminished Capacity
8 Dec 2020
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2 "variants" of diminished capacity: "mens rea" variant (dominant in the u. s. , not an affirmative defense. Instead, d is saying he did not possess the requisite mens rea to be convicted of the crime: the result --complete acquittal as opposed to being convicted and being sent to a hospital. This is a direct attack on the states. In successfully using this, the state fails at proving an essential element of the crime: "partial responsibility" variant, partial affirmative defense and form of lesser legal insanity. 638: burglary is breaking and entering w/intent to commit a felony, d will argue "mens rea" variant alleging that due to a mental illness he did not possess the specific intent to steal or commit a felony. He genuinely thought it was his home under the circumstances. Inchoate defenses: attempt -- attempting to commit a crime, solicitation -- asking another to commit a crime, conspiracy -- agreeing w/ another to commit a crime.
