A “mitigating circumstances” or “diminished capacity”, would typically be addressed to the judge in a sentencing hearing assessing the range of penalty after conviction of the crime in, not to the jury in determining guilt or innocence.
A “mitigating circumstances” or “diminished capacity”, would typically be addressed to the judge in a sentencing hearing assessing the range of penalty after conviction of the crime in, not to the jury in determining guilt or innocence.