Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

diminished capacity

Read a random definition: income-based plan

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
LSD+ is ad-free, with DMs, discounts, case briefs & more.