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- DictionaryDiminished capacity
noun
- 1. an unbalanced mental state that is considered to make a person less answerable for a crime and to be grounds for a reduced charge, but that does not classify them as insane. US "PTSD may be used to argue for diminished capacity as a mitigating factor at sentencing"
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The meaning of DIMINISHED CAPACITY is an abnormal mental condition that renders a person unable to form the specific intent necessary for the commission of a crime (as first-degree murder) but that does not amount to insanity —called also diminished responsibility, partial insanity.
Diminished capacity is a theory that a person due to unique factors could not meet the mental state required for a specific intent crime. A diminished capacity plea differs in important ways from an insanity defense. Insanity is an affirmative defense to crimes.
Mar 14, 2017 · Definition of Diminished Capacity. Noun. A legal defense wherein a defendant admits his guilt, but argues that he should not be held fully liable for his actions due to his diminished mental state at the time.
The term “diminished capacity” occasionally comes up in the world of forensic psychology. It doesn’t get as much attention as not guilty by reason of insanity (NGRI), but it’s still an important psycho-legal construct that forensic psychologists can evaluate for.
Diminished capacity is a legal defense used in criminal law to argue that the defendant, due to mental illness or impairment, was unable to fully understand the nature of their actions or distinguish right from wrong at the time of the crime.
What does 'diminished capacity' mean in legal terms? In legal terms, 'diminished capacity' refers to a person's reduced ability to understand and appreciate the nature and consequences of their actions due to mental or physical impairment.
diminished capacity - An unusual mental state that makes a person incapable of creating the specific intent needed to commit a crime, such as first-degree murder, but does not rise to the level of insanity.
Insanity and diminished capacity are two related, but distinct legal terms that are relevant in the field of Criminal Law. Both concepts can be used by individuals as defenses against a wide variety of charged crimes .
Diminished capacity is a legal defense used in some criminal cases to argue that the defendant was less mentally capable than a normal person of having the required mental state for the offense. The wrongful intent required for a criminal conviction is called mens rea.
diminished capacity n. essentially a psychological term which has found its way into criminal trials. A contention of diminished capacity means that although the accused was not insane, due to emotional distress, physical condition or other factors he/she could not fully comprehend the nature of the criminal act he/she is accused of committing ...
