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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. However, the two concepts also contain important differences and are by no means synonymous.
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 may be raised as a defense when either specific intent or knowledge is an element of the crime charged. If specific intent or knowledge is an element, evidence of diminished capacity can then be considered in determining whether the defendant had the capacity to form the requisite mental state. State v.
The diminished capacity plea is based in the belief that certain people, because of mental impairment or disease, are simply incapable of reaching the mental state required to commit a crime. This most often comes up in murder cases where the defense is trying to get a murder charge reduced to manslaughter.
Diminished capacity refers to two distinct doctrines. The first, known as the mens rea variant, refers to the use of evidence of mental abnormality to negate a mens rea—a mental state such as intent, required by the definition of the crime charged (the mens rea variant).
The diminished capacity plea is based in the belief that certain people, because of mental impairment or disease, are simply incapable of possessing the mental state required to commit a certain crime. In the example of murder and manslaughter, diminished capacity states that a certain defendant is incapable of intending to cause a death, and ...
Dec 7, 2022 · Diminished capacity can take many forms. Alzheimer’s disease, dementia, signs of advancing age, and head trauma are examples of diminished capacity.
