Matthew Broderick
Cooper
Search results
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.
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.
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.
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.
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.
insanity and diminished capacity. 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.
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.
