Diminished Capacity as a Result of Intoxication and Addiction: The Capacity to Mitigate Punishment and the Need for Recognition in Texas Death Penalty Litigation

Authors

Katherine A. Drew

Publication Date

10-1-1998

Document Type

Article

Abstract

This paper examines the substantial need for a defense to criminal culpability that has a lesser requirement than the traditional defenses of insanity and intoxication. The article details the traditional defenses of insanity, involuntary intoxication, and voluntary intoxication. Additionally, the myths surrounding diminished capacity are explored. In conclusion, an examination is made of the essence of mitigation in a capital murder context and the need to recognize a defense of diminished capacity to the death penalty.

DOI

10.37419/TWLR.V5.I1.1

First Page

1

Last Page

33

Recommended Citation

Katherine A. Drew, Diminished Capacity as a Result of Intoxication and Addiction: The Capacity to Mitigate Punishment and the Need for Recognition in Texas Death Penalty Litigation, 5 Tex. Wesleyan L. Rev. 1 (1998).
Available at: https://doi.org/10.37419/TWLR.V5.I1.1