Fisher v. United States

Fisher (defendant), a janitor at the National Cathedral with below-average intelligence and an aggressive psychopathic personality, was charged with first-degree murder after killing the cathedral librarian immediately after she complained about his cleaning and used a racial epithet against him. Although Fisher knew right from wrong, his below-average intelligence and impulsive, primitive emotional reaction at the time of the killing led his attorney to request a jury instruction allowing consideration of his personality and diminished capacity in assessing whether he acted with the deliberation and premeditation required for first-degree murder. The trial judge refused the instruction; the jury convicted Fisher, he was sentenced to death, and the appellate court affirmed.