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Washington's Diminished Capacity Defense Under Attack, John Q. La Fond, Kimberly A. Gaddis

Seattle University Law Review

This article will discuss the historical development of the diminished capacity defense and analyze its current conceptual structure and use in Washington. It will then analyze the most recently proposed bill attacking the diminished capacity defense in this state, Substitute House Bill No. 1179. Should this legislation (or some variation thereof) be enacted in future sessions, the Washington Supreme Court will undoubtedly be forced to review powerful constitutional challenges to the validity of convictions obtained under the new law. At the very least, the court will have to determine whether the diminished capacity defense is constitutionally required. The court will …