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The Twinkie Defense

Maintenance Phase

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Is the Defense of Diminished Capacity Abolioned?

Mark O'Mara: The diminished capacity defense in california is an idea whose time has gone. He says it's a hall mark of tough on crime policies that tries to collapse the context for why someone commits a crime. It also introduces a five year mandatory sentence enhancement for what are called habitual criminals, he says. "We will empathize with victims of crimes at all costs and we will absolutely never empathize with perpetrators"

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