Because Sirhan's initial lawyers presented a diminished capacity case in 1969, they never pursued available defenses.

CNN: STORY HIGHLIGHTS

The challenge for South Africa is not to make decisions based on what might appear to be diminished capacity to manage infrastructure projects.

FORBES: Poor Infrastructure Is Africa's Soft Underbelly

During Holmes' preliminary hearing, defense attorneys had been expected to call some witnesses and introduce a defense claiming "diminished capacity" on Holmes' part.

CNN: Judge agrees to delay plea for theater shooting suspect

Specifically, you can't use what's called a diminished capacity defense there.

NPR: Slate's Jurisprudence: Moussaoui's Insanity Defense

Attorneys for Holmes, a 25-year-old former neuroscience graduate student at a nearby university, are expected to seek a "diminished capacity" defense that could prevent the case from getting that far.

CNN: STORY HIGHLIGHTS

Holmes' attorneys are expected to present a diminished mental capacity defense.

CNN: Prosecutors set to unveil evidence against James Holmes

"His lung capacity is diminished, logically, but this hasn't affected him at all or kept him from carrying forward all of his activities, " said Federico Wals, spokesman for the Buenos Aires diocese where the new pontiff previously presided as archbishop.

NPR: Pope's Partial Lung Shouldn't Affect Duties

There is a reason why it is increasingly difficult for those who are interested in carrying out transnational operations directed against our interests, our friends, our allies, to be able to do that -- is because the space has shrunk and their capacity to operate is greatly diminished.

WHITEHOUSE: President Obama and Prime Minister Cameron Hold a Press Conference | The White House