Archives

Diminished Capacity

I was too drunk (or too high) to know what I was doing. Can we use that as a defense?

July 30, 2009

This is called a “diminished capacity” defense.  The argument is that you admit you broke the law, but your actions should be excused because your mental functions were impaired so much you didn’t know what you were doing was wrong (“I was so stoned I don’t remember last Wednesday, much less the Taco Bell I robbed and the [...]

Read More