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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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yeah most colleges are very liberal with their days off
amlaw
16:18
@ararara: sorry i didn’t think i was saying anything bad, just talking about the waitlist experience
[] ararara
16:32
It just sounds like you're dooming I would get off this thing!
16:43
i'm happy all the time
16:44
going to my ex-boyfriend's best friend's comedy show tn
16:46
also it's july i don't think anything substantive is going on in this chat
amlaw
16:46
yeah
amlaw
16:47
is your ex’s friend funny
[] ararara
16:49
Not if you take the chat and fill it up with long paragraphs so that relevant comments disappear. Please don't be difficult. Have a good day people!
16:53
probably? when we were in college he won our school's comedy competition
[] ararara
16:53
@pookiebear: CONGRATS GW IS HUGE
amlaw
16:55
that’s cool bunny
16:58
yeah idk if my ex shows up i will cry or punch someone
amlaw
17:00
risky
why not both
amlaw
17:00
well i don’t encourage violence but if you feel the need to punch someone hopefully it’s him
s95
17:01
hi this doesnt seem like the place to ask this but does anyone know any law schools that are good for a future specialization in immigration law?
babybunny
17:01
they live like two hours away from me and I think the friend decided to do this show specifically to see me which is a whole other can of worms
amlaw
17:02
ooh this is like a romance book
[] ararara
17:04
@s95: My cousin is an immigration attorney who recently argued in front of the supreme court. He attended the University of Houston for law school. There are so many good schools for immigration law, countless clinics.
[] ararara
17:05
@s95: The higher the rank though basically means more opportunities possibly with a debt trade off. It's hard for me to say more without knowing your goals though. Awesome you already have an idea what you want to do as a lawyer!
[] ararara
17:06
I would research immigration law clinics
@s95: generally school specialties are kind of silly. it’s usually the rank of the school that determines the opportunities you can get from it across the board
with caveats for strong regional schools with a regional focus and so on
17:27
@s95 University of San Diego
twinkletwinklestar
22:47
@dkkm10: nice diss
23:32
Ahh well I kinda meant that seriously given I know 3 attorneys who went there and they did immigration law afterwards.
23:33
They have a really strong immigration clinic too.
Happy fourth of july future lawyers !! :)
USD actually does really well for immigration in the SoCal region, and is known to have a great clinic.
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