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2. www.law.cornell.edu › wex › diminished_capacitydiminished capacity | Wex | US Law | LII / Legal Information ...

   www.law.cornell.edu › wex › diminished_capacity

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   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.

3. www.jurispro.com › files › articlesDiminished Capacity: What Does It Mean and How Do You ...

   www.jurispro.com › files › articles

   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.

4. People also ask

   What is a diminished mental capacity plea?

   • A diminished mental capacity plea is different from the similar “not guilty by reason of insanity” plea. Someone who pleads a “by reason of insanity” defense, if successful, will receive a “not guilty” verdict. He will also be ordered by the court to be confined to a mental hospital.

   Diminished Capacity - Definition, Examples, Cases, Processes

   legaldictionary.net/diminished-capacity/

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   What is an example of diminished capacity?

   • An example of diminished capacity can be a person’s lower-than-average intelligence. For instance, a full-grown man who possesses a childlike mental state can be deemed mentally impaired, and therefore incapable of knowingly committing, or of premeditating, an attack on his victim. In this case, the only reasonable verdict is manslaughter.

   Diminished Capacity - Definition, Examples, Cases, Processes

   legaldictionary.net/diminished-capacity/

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   What is diminished capacity in a criminal case?

   • Diminished capacity is a legal defense used by a defendant to argue that, while he admits to having broken the law, he should not be held fully criminally liable due to his “diminished” mental state at the time. Diminished capacity is a partial defense, which requires the defendant to have committed the crime while in a very specific state of mind.

   Diminished Capacity - Definition, Examples, Cases, Processes

   legaldictionary.net/diminished-capacity/

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   What happens if a person has a diminished capacity?

   • Criminal law requires that a defendant’s conduct be voluntary for him to be prosecuted to the fullest extent of the law. In the case of diminished capacity, however, the person’s mental state interfered with his ability to decide whether he would break the law.

   Diminished Capacity - Definition, Examples, Cases, Processes

   legaldictionary.net/diminished-capacity/

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5. en.wikipedia.org › wiki › Diminished_responsibilityDiminished responsibility - Wikipedia

   en.wikipedia.org › wiki › Diminished_responsibility

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   Diminished responsibility is a partial defense to criminal charges that argues that the defendant's mental functions were impaired. Learn about its history, rationale, effect, and contrast with insanity in different jurisdictions.

6. legaldictionary.net › diminished-capacityDiminished Capacity - Definition, Examples, Cases, Processes

   legaldictionary.net › diminished-capacity

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   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.

7. www.law.cornell.edu › wex › insanity_and_diminishedinsanity and diminished capacity | Wex | US Law | LII / Legal ...

   www.law.cornell.edu › wex › insanity_and_diminished

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   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.

8. www.merriam-webster.com › legal › diminished capacityDiminished capacity Definition & Meaning | Merriam-Webster Legal

   www.merriam-webster.com › legal › diminished capacity

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   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.

9. nccriminallaw.sog.unc.edu › diminished-capacityDiminished Capacity - North Carolina Criminal Law

   nccriminallaw.sog.unc.edu › diminished-capacity

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   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.