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What is a diminished mental capacity plea?
What is diminished capacity?
What is diminished capacity in a criminal case?
Does diminished capacity negate specific intent?
Diminished capacity is a theory that a person could not meet the mental state required for a specific intent crime. Learn about the history, scope and application of this defense in federal and state courts.
In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired.
Learn the difference between diminished capacity and diminished actuality, two legal concepts that forensic psychologists can evaluate for in criminal cases. Diminished capacity is a defense that argues the defendant is incapable of forming the required mental state to commit a crime, while diminished actuality is a defense that argues the defendant lacked the specific intent to commit a crime.
Diminished capacity is a legal term for an abnormal mental condition that affects a person's criminal responsibility. Learn the meaning, tests, and consequences of diminished capacity with examples and citations.
Mar 14, 2017 · Diminished capacity is a partial defense that argues that a defendant should not be fully liable for a crime due to his mental state at the time. Learn the definition, cases, and processes of this legal concept, and how it differs from insanity.
Jan 15, 2013 · Diminished capacity, first recognized in the case of State v. Shank, 322 N.C. 243 (1988), negates specific intent, typically on the basis that the defendant was severely intoxicated and/or suffered from some mental defect that rendered him unable to form the requisite intent.
Learn the differences and similarities between insanity and diminished capacity as legal defenses in criminal cases. Find out how states and federal courts apply these concepts, and see related cases and issues.
