Define: Diminished Capacity

Diminished Capacity
Diminished Capacity
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Quick Summary of Diminished Capacity

Diminished capacity refers to a legal concept used in criminal law to describe a defendant’s reduced mental capacity at the time of committing a crime. It suggests that the individual’s mental state was impaired to a degree that affected their ability to form the requisite intent or understand the nature and consequences of their actions. Diminished capacity may arise from various factors, including mental illness, developmental disabilities, intoxication, or other cognitive impairments. In some jurisdictions, defendants may raise a defense of diminished capacity to argue that they lacked the mental capacity to be held fully responsible for their actions, thereby reducing the severity of the charges or mitigating the penalties imposed. However, the availability and scope of the diminished capacity defence vary by jurisdiction, and its successful application often requires expert testimony and evidence to establish the extent of the defendant’s impairment and its impact on their mental state at the time of the offense.

What is the dictionary definition of Diminished Capacity?
Dictionary Definition of 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, particularly murder or attempted murder. It is raised by the defense in attempts to remove the element of premeditation or criminal intent and thus obtain a conviction for a lesser crime, such as manslaughter instead of murder. While the theory has some legitimacy, at times juries have been overly impressed by psychiatric testimony. The most notorious case was in People v. Dan White, the admitted killer of San Francisco Mayor George Moscone and Supervisor Harvey Milk, who got only a manslaughter conviction on the basis that his capacity was diminished by the sugar content of his blood due to eating "Twinkies.
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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.

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