decreased capacity

…and instead answer questions “reflexive[ly].” Ante , at 368-369, 179 L. Ed. 2d, at 114. How to assess whether a declarant with diminished capacity bore testimony is a difficult question, and one I do not need to answer today. But the Court’s proposed answer—to substitute the intentions of the police for the missing intentions of the…

…his complaint about the lesser-included offense instructions through inadequate briefing. A. Mental Illness: Insanity vs. Diminished Capacity Texas law begins with the presumption that a criminal defendant is sane and that he intends the natural consequences of his acts. Ruffin v. State , 270 S.W.3d 586, 591-92…

…Atkins , 536 U. S., at 320. Retributive values are also ill-served by executing those with intellectual disability. The diminished capacity of the intellectually disabled lessens moral culpability and hence the retributive value of the punishment. See id. , at 319 (“If the culpability of the average murderer is insufficient to…

…in the blood varies from person to person depending upon a host of other factors. See generally Perr, Blood Alcohol Levels and "Diminished Capacity",' 3 (No. 4) J. Legal Med. 28-30 (April 1975)." State v. Stasio , 78 N.J. 467, 478 n. 5 (1979). One individual can consume many drinks without exhibiting any signs of intoxication.…