2015 ORS 161.300¹
Evidence of disease or defect admissible as to intent

Evidence that the actor suffered from a mental disease or defect is admissible whenever it is relevant to the issue of whether the actor did or did not have the intent which is an element of the crime. [1971 c.743 §37]

Notes of Decisions

Although defendant was entitled under this sec­tion to introduce evidence of partial responsibility, court was not re­quired to instruct jury on partial responsibility doctrine where general instruc­tion was given on ele­ments of crime charged. State v. Booth, 30 Or App 351, 567 P2d 559 (1977), aff'd 284 Or 615, 588 P2d 614 (1978)

Instruc­tion concerning de­fense of mental disease or defect, which had effect of placing burden of proof of entire de­fense on defendant, was erroneous. State v. Umscheid, 31 Or App 1249, 572 P2d 362 (1977)

The defendant raising the de­fense of mental disease or defect was not entitled to a bifurcated trial, with separate factfinders on the issues of guilt and responsibility, in order to preserve his privilege against self-incrimina­tion and right to a fair trial. State ex rel Johnson v. Dale, 277 Or 359, 560 P2d 650 (1977)

Under this sec­tion, partial responsibility de­fense is available whether or not crime charged includes lesser of­fense; if lesser of­fense is available, successful partial responsibility de­fense may reduce crime to lesser of­fense; if there is no lesser included of­fense, successful partial responsibility de­fense will result in acquittal. State v. Booth, 284 Or 615, 588 P2d 614 (1978)

Court did not err in excluding "partial responsibility" evidence, under this sec­tion, when evidence was in fact admitted to prove insanity. State v. Francis, 284 Or 621, 588 P2d 611 (1978)

Where defendant, convicted of mur­der, requested instruc­tion on "partial responsibility" de­fense as to ORS 163.118 (Manslaughter in the first degree) or 163.125 (Manslaughter in the second degree) (manslaughter), proof of intent was not re­quired for con­vic­­tion of lesser included manslaughter of­fenses and requested instruc­tion was properly refused. State v. Armstrong, 38 Or App 219, 589 P2d 1174 (1979), Sup Ct review denied

Partial responsibility de­fense is available for crimes having "knowing" mental state as re­quired ele­ment. State v. Smith, 154 Or App 37, 960 P2d 877 (1998)

"Intent which is an ele­ment of the crime" includes mental state of recklessness. State v. Nebert, 244 Or App 80, 260 P3d 559 (2011)

Law Review Cita­tions

51 OLR 475, 477, 478 (1972); 13 WLJ 347 (1977); 14 WLJ 313 (1978); 29 WLR 829 (1993)

Law Review Cita­tions

51 OLR 428 (1972); 52 OLR 285-295 (1973)

Chapter 161

Notes of Decisions

A juvenile court adjudica­tion of whether or not a child committed acts which would be a crim­i­nal viola­tion if committed by an adult must necessarily include an adjudica­tion of all af­firm­a­tive de­fenses that would be available to an adult being tried for the same crim­i­nal viola­tion. State ex rel Juvenile Dept. v. L.J., 26 Or App 461, 552 P2d 1322 (1976)

Law Review Cita­tions

2 EL 237 (1971); 51 OLR 427-637 (1972)

Chapter 161

Criminal Code

(Generally)

Notes of Decisions

Legislature's adop­tion of 1971 Criminal Code did not abolish doctrine of transferred intent. State v. Wesley, 254 Or App 697, 295 P3d 1147 (2013), Sup Ct review denied


1 Legislative Counsel Committee, CHAPTER 161—General Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors161.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 161, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano161.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.