c. free speech
d. unlawful search and seizure
Scott “too tough” Rudy finds out that his girlfriend is cheating on him with his best
friend. Scott “too tough” goes over to his best friend’s “house and hinds his girlfriend is
there and is engaged in sexual acts with his bestfriend. Scott “too tough” takes out his
gun and shoots and kills both of them. Scott is arrested and charged with two counts of
murder. At his trial Scott claims he was insane at the time of the murder and is trying to
use insanity as his defense.
Scott’s attorney could seek to introduce evidence showing that because of mental or
emotional conditions, the Scott did not possess the required mens rea for conviction of
crime charged. This is referred to as
a. Diminished competence defense
b. Diminished incompetent defense
c. Diminished capacity defense
d. Diminished incapacity defense
In most states the defendant’s voluntary intoxication or drug use may serve as the basis
for a claim