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  1. 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.

  2. 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.

  3. For example, in an example of murder vs. manslaughter, a diminished capacity defense argues that a defendant is incapable of intending to cause a death, so they must have at most caused the death recklessly. Unlike NGRI, the defendant isn’t saying that they are “not guilty”.

  4. Aug 18, 2022 · A successful diminished capacity plea will result in the defendant being convicted of a lesser charge. “Reason of insanity” is known as an affirmative and complete defense to crimes, while “diminished capacity” mitigates the crime and as such results in a lesser charge conviction.

  5. 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.

  6. 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 .

  7. Dec 1, 2012 · Diminished capacity can be entered as a defense only when a person is charged with a specific-intent crime. However, in this case, Mr. Vela was charged with a crime that was clearly defined both by statute and case law as one of general intent.

  8. 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.

  9. 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.

  10. In the example of murder and manslaughter, diminished capacity states that a certain defendant is incapable of intending to cause a death, and therefore must have at most caused such a death recklessly. Thus, a successful plea of diminished capacity in a murder trial would likely result in the charge being reduced to manslaughter.

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