Volume 26 Issue 20 - nj 2025

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The New Jersey Code of Criminal Justice 2C 20-2. a. Consolidation of Theft and Computer Criminal Activity Offenses. Conduct denominated theft or computer criminal activity in this chapter constitutes a single offense, but each episode or transaction may be the subject of a separate prosecution and conviction.
Some signs of diminished capacity include: lapses in memory, emotional distress, disorientation, emotional inappropriateness, delusions and hallucinations, and lack of basic hygiene. None of these constitute a diagnosis of diminished capacity on their own, however.
A medical evaluation by qualified professionals, such as doctors, psychiatrists, or psychologists, is essential to assess an individuals mental health and cognitive abilities. Medical records, tests, and assessments will be used to determine an individuals capacity to make decisions.
Diminished Capacity Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did not have a state of mind which is an element of the offense. . . . Along with diminished capacity, this is often referred to as the insanity defense.
3:20-1. The trial judge on defendants motion may grant the defendant a new trial if required in the interest of justice. If trial was by the judge without a jury, the judge may, on defendants motion for a new trial, vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.
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The New Jersey Code of Criminal Justice 2C 4-4. a. No person who lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted or sentenced for the commission of an offense so long as such incapacity endures.
Supreme Court Cases on the Insanity Defense and Diminished Capacity: Pate v. Robinson , 383 U.S. 375 (1966) Drope v. Missouri , 420 U.S. 162 (1972) Faretta v. California , 422 U.S. 806 (1975) McKaskle v. Wiggins , 465 U.S. 168 (1984)

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