Скачать или смотреть Use of Mental Health Evidence When the Insanity Defense is not Relied Upon

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Criminal defense attorney George Parnham discusses the use of "diminished capacity" in Texas, which does not recognize it as an affirmative defense in cases not based on an actual Insanity Defense. Despite this, there is a line of cases that suggest that mental illness can be used to defeat the proof of the allegation of the prosecution in the particular offense. The Judge has discretion to allow this evidence, and Code Crim. Proc. art. 38.36(a) provides that "In all prosecutions for murder, the state or the defendant shall be permitted to offer testimony as to all relevant facts and circumstances surrounding the killing and the previous relationship existing between the accused and the deceased, together with all relevant facts and circumstances going to show the condition of the mind of the accused at the time of the offense."