Court declines to open door to ‘diminished capacity’ defense

Prosecution and Procedure

By David J. Robinson

David J. Robinson is a lawyer, adjunct professor, author and chief deputy director for the State’s Attorneys Appellate Prosecutor.

Posted September 9, 2020 11:32 AM

The affirmative defense of “diminished capacity” — which allows a legally sane defendant to present evidence of mental illness to negate the specific intent element of a particular crime — is not a recognized defense in Illinois. The state of mind of a defendant at the time a crime is committed, of course, is a question for the trier of fact. Accordingly, experts — however qualified — who are not present when a defendant commits a crime are not fit to opine about a defendant’s specific mental state. Doing so invades the …

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