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Simple English definitions for legal terms

diminished capacity

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A quick definition of diminished capacity:

Diminished capacity is a legal defense used in some places where a person claims they couldn't have intended to commit a crime because of a mental impairment or disease. It's different from an insanity defense because it doesn't result in a verdict of not guilty, but rather a conviction of a lesser offense. For example, if someone is charged with murder but successfully pleads diminished capacity, they may be convicted of manslaughter instead. The defense is based on the idea that some people are incapable of meeting the mental state required for a specific crime.

A more thorough explanation:

Definition: Diminished capacity is a legal defense theory that argues that a person, due to unique factors, could not meet the mental state required for a specific intent crime. It is different from the "not guilty by reason of insanity" defense because it only results in the defendant being convicted of a lesser offense, rather than being found not guilty and committed to a mental institution.

For example, if someone is charged with second-degree murder, which requires the intent to cause the death of a person, but they have a mental impairment or disease that makes them incapable of forming that intent, they could use a diminished capacity defense to argue that they should be convicted of a lesser offense, such as second-degree manslaughter, which only requires recklessness.

One famous example of a diminished capacity defense is the "Twinkie defense" in the 1979 case California v. White. Dan White, a former city supervisor, shot and killed the mayor of San Francisco and another city supervisor. His defense argued that a diet of only junk food had created a chemical imbalance in his brain, making him unable to premeditate murder. The jury convicted him of voluntary manslaughter instead of first-degree murder.

The federal sentencing guidelines allow for a plea of diminished capacity if a "significantly reduced mental capacity contributed substantially to the commission of the offense." This can result in a reduced sentence, but not a "not guilty" verdict.

Example: John is charged with second-degree murder for killing his wife. However, John has a history of severe mental illness and was in a psychotic state at the time of the killing. His defense team argues that he was incapable of forming the intent required for second-degree murder due to his mental illness, and instead should be convicted of a lesser offense, such as manslaughter. This is an example of a diminished capacity defense.

Explanation: John's mental illness is a unique factor that could make him incapable of forming the intent required for second-degree murder. By using a diminished capacity defense, his defense team is arguing that he should be convicted of a lesser offense that does not require that intent, such as manslaughter. If successful, this defense could result in a reduced sentence for John.

dilution (trademark) | diminution in value

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