State v. Breakiron

The opinion of the Court was delivered by

O’HERN, J.

This case concerns the scope of the “diminished capacity” defense afforded by N.J.S.A. 2C:4-2. The particular question presented is whether the trial court erred in refusing to charge the jury that evidence of diminished capacity resulting from a mental disease or defect was relevant to the question of whether defendant’s admitted killing of another was knowing or purposeful.

Defendant has confessed to killing a young woman with whom he lived. Following the killing, he took the victim’s young child from the victim’s home, stole a car and money…