Diminished capacity as an alternative to McNaghten in California law.
Bull. Amer. Acad. Psychiatry & the Law
20(2): 179-83, 1992.
Dr. Diamond's courageous defense of the diminished capacity plea in People v. Gorshen (1959)
emphasized mental disturbances negating malice aforethought. Diminished capacity as a defense in
California remained effective from 1978 to 1982 until overturned by a modified American Law
Institute rule. Diamond's advocacy of psychologic elements, including motivation, did much to
enliven forensic thinking re: the death sentence and the fated diminished capacity defense.