Diminished Capacity

by Robert Clarence Swanson

Jeremiah Bedloe is a fiery but aged defense attorney in La Crosse, Wisconsin, and life is swiftly reaching its last act for the man. Despite the inner contentment earned knowing he has been highly successful in his legal career, there is still something missing, a hole yet to be filled. He is well aware of what the vacancy consists of, but realizes that in this part of the country, it will not likely come to pass - the courtroom drama, a challenge worthy of Darrow, a major trial he can deeply sink his teeth into, wildly gnawing and consuming until his belly is full, then exiting this world with a satisfying loud belch.

Then one frozen February day in 2012, Michael Swain walks into Bedloe's office carrying two large briefcases. His son is in a Minnesota prison for a 2010 first degree sexual assault, and Swain believes the briefcases contain substantial vital evidence the court was then not aware of or biasedly ignored.

Bedloe hesitantly allows Swain to give a lengthy description of what he found, and the defense attorney is so impressed, he takes the briefcases home with him to pour over the contents. After much personal deliberation, he decides to take the controversial case.

The rest of the story is a continuation of this carefully crafted and engrossing novel, as it builds dramatic tension in the courtroom until the verdict is rendered. And the reader is along for the thought-provoking ride.

Genres: Fiction

336 pages, Paperback

Published June 16, 2016

Reviews

[Katie B · Rating 4 out of 5]

While this book is a work of fiction it is based on a real life rape case in Minnesota. A man has pled guilty and sentenced to prison for the rape of his daughter. A new defense attorney is hired after the defendant's father convinces him that this is not an ordinary sexual assault case and deserves another look. The book follows the new trial and its' controversial conclusion.

At first I was apprehensive about reading a book featuring the defense lawyer for an admitted child rapist. However, the more I read, the more I realized this was unlike any other case I have read about. It is certainly ripe for debate about the ethical concerns this case brings up. If Law & Order: SVU hasn't already featured this case in an episode, they should.

The strength of the book is essentially the case itself. Most of the book reads more like a trial transcript than a book. I personally enjoyed that it was written that way because it felt like you were right there in the courtroom.

I won a free copy of this book in a giveaway and that is my fair and honest review.

[Roxanne · Rating 5 out of 5]

This is a Goodreads win review. This is an excellent about a trial and the justice system.

[Kim. E. · Rating 4 out of 5]

Diminished Capacity, written by Robert Clarence Swanson, is based on a real case regarding sexual assault and the way the criminal justice system dealt with the situation.

I had a difficult time staying committed to this book in the beginning because it is based on the offender and how the system worked against him, and also the very controversial theories involved. Thankfully, I continued with an opened mind.

This book centers on the events in the courtroom, written much like a transcript, and quickly drew me into all the "under the table" processes between the defense attorney, the county prosecutor, the judge, and the offender and victim. I learned more than I expected, and the author opened my mind to more factors leading to this horrible crime.

I did receive this book through a Goodread's giveaway. The review is my own thoughts.

[Brittany · Rating 4 out of 5]

I got 10 pages in and had to stop and take a moment to calm my nerves. I was unsure if I would be able to keep reading after those gut wrenching first few pages. I decided to keep going and am glad I did. This book really had me torn. I could see both points that the prosecutor and defense attorneys were making. I could not imagine being a jury member on this case. In the end I was still torn and didnt really know what I thought the right thing was. But after sitting and thinking for a while, I dont think the outcome was the right thing.
I dont think I have ever read a book that has affected me as much as this one has.

[Jo · Rating 1 out of 5]

Thanks to Goodreads for sending me an ARC of this book. It appears I'm in a vast minority as I was underwhelmed and disappointed by this book. If it is indeed based on an actual trial it's interesting from the viewpoint of the law and facts of the case. The characters are as undeveloped and flat as a piece of cardboard. The author shows us nothing and insists on telling us everything. The book reads like a trial transcript.

[Linda Sonna · Rating 4 out of 5]

Very interesting

An interesting look at the inner workings of our criminal justice system - and an important reminder that for justice to be served, the accused''s mental functioning must be considered, no matter how heinous the crime.

[Evangeline Owens · Rating 4 out of 5]

If only actual trials could be so speedy and precise. Enjoyed immensely. Surprised myself by agreeing with the verdict.

Thanks to Goodreads for providing me with a copy of this book as a giveaway.

[Ben · Rating 1 out of 5]

I won a copy of “Diminished Capacity” through a contest on Goodreads.
I noticed in the book’s description that it was written by a lawyer. It was apparent immediately that he should stick to being a lawyer. First, the novel was written in the present tense, something that I have never liked in a book. Second, the story was told in short, spare paragraphs , so that it never seemed to flow. It gave the novel a “ See the dog run, ” See Dick and Jane run” quality. As for the characters, they were underwritten and flatly one-dimensional.
The case involved a man who raped his own daughter, then plead guilty and was sentenced to prison.
Now his father, a therapist , wants a retrial on the basis that , one , his son was using drugs, and two, that he had a genetic anomaly that made it difficult for him to know right from wrong. Hence, the title : Diminished Capacity. This, in the hand of a capable writer of fiction could have made for an engrossing story, but alas, lacking that, the book was “did not finish”for me.

[Carol Stephan · Rating 3 out of 5]

This is an interesting book in that it is a fictional courtroom drama based on a real-life case of first-degree sexual assault. Most of the book takes place in the courtroom with some background on the key characters. I liked the format, it reads as a transcript of a trial, and would appeal to those who enjoy reading about trials. The crime is unsavory but there were mitigating factors and it brings up a lot of questions about medications and effects on patients. I found the title of the book interesting as the case is tried in Minnesota and according to the book, Minnesota does not recognize diminished capacity as a defense.

Although the author states at the beginning of the book that the jury trial was researched and is accurate to the best of his ability, many of the defense attorney's actions seemed a stretch and more of what you see in TV courtroom dramas.

I received this book for free through Goodreads First Reads.

[Div · Rating 1 out of 5]

Okay, so I started this with an open mind. Due to the nature of the crime, I didn't think I could be swayed into not finding the defendant guilty. But the defense arguments were actually very interesting, and information is revealed gradually which maintains suspense throughout the story.

The only reason for the low rating is because I could not stand the main character, Bedloe. He has full on temper tantrums in court, and straight up screams at the prosecutor and judge. It was wildly unprofessional and felt almost cartoonish, so much so that it kept breaking my immersion. Like picture Donald Duck throwing a fit in the middle of a serious court drama. I think I would have enjoyed this more if the author stuck to realism, kept the main character more grounded and gave less of the eccentric mannerisms you usually see in TV/movies.

Edit: DAF because the story kept pushing the idea that women are biased when it comes to cases of sexual assault, with characters patting Bedloe on the back for commenting on how "there's too much estrogen". Quit reading about 90% of the way through because it just got too eye-rolling.

[Lacy Gonzales · Rating 4 out of 5]

I had to take a few days to think before I wrote a review on this book. The subject matter is tough and it really was difficult for me to separate the crime from the criminal. The book does read very much like a trial transcript and while many people enjoyed that it was tougher for me. I wanted more from the characters, I wanted more development I think. In the end I wanted a different outcome I. The ending which is again, why I needed to wait to write the review. I wanted to be sure that my opinion of the ending wasn't coloring the review.
Overall I would read another book by the author and hope for a little more character development next time.

[Tammy Corn · Rating 4 out of 5]

The prologue gave me pause because it seemed it would revolve around a child raptist but instead the book takes the reader through the court room drama about what happens when a person is misdiagnosed and seeing too many different doctors. Also it addresses a specific genetic disorder associated with the defendant. When the story came to the trial, it was written like a court room transcript so you felt a part of the trial. I enjoyed the story.

[John · Rating 5 out of 5]

"Dimished Capacity" is a real page turner and hard book to put down. I enjoyed its fast pace and the pace of the trial! I won this great book on GoodReads and like I do with most my wins I will be paying it forward by giving my win to a friend to enjoy also before putting it back into my library. Thanks Mr. Swanson for writing a great book.

[Elizabeth · Rating 4 out of 5]

I won this book on Goodreads. I found it to be a thought provoking book about impact of medicine on people and the consequences of the side effects of medications. top this with a horrific crime committed against a child and you have an intense read that gets you thinking.

[Sandra Burns · Rating 5 out of 5]

Excellent!

Man with a genetic flaw, does something completely out of character. He ends up in prison. The man's Dad, does tons of research, and gets a lawyer for his son. The book, talks about the case and trial.

[Suzanne Hunt · Rating 3 out of 5]

This book was difficult to read in play format.
But the story was intriguing and thought provoking.
3 out of 5 stars.
People who enjoy courtroom dramas will enjoy this story.

[Faith 09 · Rating 4 out of 5]

This book was a very interesting and entertaining read.

[Suzi · Rating 5 out of 5]

fictional courtroom drama based on a real-life case. very well written. you'll feel like you are in the courtroom.

[Tena · Rating 4 out of 5]

I won this in a GOODREADS giveaway.

[Glen · Rating 3 out of 5]

I won this novel in a goodreads drawing.

Hard cases make bad law is a saying of long tenure. This book brought it to mind constantly. A tippling lawyer who wants to try a Clarence Darrow type case, you know, the kind of lawyer who really should be summarily disbarred, takes the case of a man who molested his daughter while he was under diminished capacity.

Shows why we need to reform our legal system more than anything else. This book shows why we need a lawyer tax.

[Carol Kroger · Rating 5 out of 5]

Diminished Capacity by Robert Clarence Swanson was wonderful. Very different writing style. Wasn't sure I was going to like it but definitely got hooked. Want to read more.

[Wynima Cavagnaro · Rating 3 out of 5]

I enjoyed this book and I liked the characters portrayed.I usually won't follow a court trial but found myself liking the plot,thank you Mr.Swanson.

[Peg · Rating 3 out of 5]

I received this book from Goodreads giveaway. I am torn on the rating for a few reasons. I feel if the author committed to one form of presenting the case I would've rated it higher. I like a good courtroom drama, especially based on fact. While it covered the bases there, it just didn't have the right flow for me. It started out as a novel, beginning to develop the characters, then it stopped. Switching to a narration of what and who we saw in the courtroom, then every once in awhile while we were reading the 'transcripts', it would slip in a few emotions of the characters, but then it felt false. It was a difficult case, and more of these need to be brought to light as our medical system relies more on chemicals to treat symptoms, rather than a cure. I would definitely give the author another read if he tackled another subject along these lines, with the hope that his writing style commits a bit more.

[Esther · Rating 4 out of 5]

Fiction based on an actual case. Tells the story of a new trial after conviction and sentencing. Recommend for fans of courtroom procedurals.

[cbdef · Rating 5 out of 5]

Excellent! I am a medical professional, not sociological or psychological - medical; so I had great interest that this book chose a topic that dealt with expanding our knowledge of how genetics, pharmacology and medical negligence can influence our behavior. It is an eye-opener for open-minded and intelligence-seeking humans to further our knowledge and acceptance of WHAT IS, and understand this world of craziness that we all live in.
The story line reads easily, and I finished the book in 2 days. Congrats to the author for his excellent insight and his unique method in getting this information across to the public. Well done!

[Amy · Rating 5 out of 5]

A great novel that portrays a very real legal issue. Can a disease be severe enough to render the person not guilty by reason of Diminished capacity? Should we hold a person responsible for the actions they take while under ineffective treatment for such a condition. Having studied in both the medical profession and the legal profession I found this book fascinating. The author has made a compelling argument for his case, at least to me. And as we learn more about complex medical issues this will be an ever growing concern.


I received this book as part of a good reads giveaway but the opinions expressed are solely my own.

[Bindy · Rating 4 out of 5]

How do we begin to understand the many human disorders that exist? Even worse how can we say for certain that we have never been clouded by judgment towards those that display irrational, none normal behaviors? The truth is that not everyone knows that there is always more to the story. Who we are or what we do is the result of our differences in biological chemistry and learned behaviors. In this story we encounter a defense attorney (Bedloe) who takes on a case of a man judged and convicted based on biases and lies. Bedloe who is not scared off easily, takes on the case despite the many odds against him.

[Jackie Rogers · Rating 5 out of 5]

Wow! Really liked this book. Lost sleep to finish it. Is a trial concerning a guilty verdict two years age that incarcerated a man fir the rape of his twelve year old daughter. No question of his guilt. This trial is to determine why and if it could have been prevented. Is an expose' on our justice system and how one can fall through the cracks. Loved the characters I didn't hate. Was an emotional read and did this old heart good. Thanks Mr. Swanson and Goodreads for a treat in reading.

[Charlene · Rating 5 out of 5]

A well written court documentary! Diminished Capacity is a fictional courtroom drama based on a real-life event. It is about a 2010 Minnesota criminal case of first degree sexual assault as told by the perpetrator. The case documents activity inside and outside of the courtroom during the trial event. This is a book that urges you to keep reading on....very hard to put down once you start reading!