Which is not true in regards to Diminished Capacity? It can be used as a defense only if you are saying your actions were altered by your poor diet, such as Twinkies or other "junk" food. It was abolished as a defense with Prop. 8. It cannot be used in court proceedings in regard to misdemeanors and/or felonies. It may be considered by the court, but only at the time of sentencing or other disposition, after the issue of guilt or innocence has been determined