State v. Booth

Defendant’s appeal following his conviction for theft presents the opportunity to reexamine the "partial responsibility” doctrine in Oregon criminal law in the wake of the Supreme Court’s decision in State v. Stockett, 278 Or 637, 565 P2d 739 (1977).

Two expert witnesses testified about defendant’s mental aberrations at the time of the theft. The trial court did instruct the jury on the defense of mental disease or defect excluding responsibility, ORS 161.295. However, contrary to defendant’s request, the court did not instruct the jury on the partial responsibility doctrine, ORS 161.300.…