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STATE v. DELIBERO

149 N.J. 90 (1997)

692 A.2d 981

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOSEPH DELIBERO, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 8, 1997.

Attorney(s) appearing for the Case

Steven J. Kaflowitz, Special Deputy Attorney, Assistant Prosecutor, argued the cause for appellant (Edward M. Neafsey, Acting Union County Prosecutor, attorney).

Kevin G. Byrnes, Designated Counsel, argued the cause for respondent (Susan L. Reisner, Public Defender, attorney).

Deborah C. Bartolomey, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Peter G. Verniero, Attorney General, attorney).

The opinion of the Court was delivered by O'HERN, J.

This criminal appeal concerns the relationship between a jury charge on diminished capacity and a charge on insanity. Diminished capacity describes a disease or defect of mind that may negate the mental state that is an element of the offense charged. The insanity defense exculpates an actor from guilt for conduct that would otherwise be criminal. The specific question is...

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