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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 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.
Mar 14, 2017 · Diminished Capacity defined and explained with examples. Diminished Capacity is a legal defense of impaired mental capacity.
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.
May 29, 2018 · Diminished capacity refers to two distinct doctrines: the use of evidence of mental abnormality to negate a mens rea required by the definition of the crime charged (the mens rea variant ) and the use of mental abnormality evidence to establish some type of partial affirmative defense of excuse ( the partial excuse variant ).
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.
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.
