The doctrine of diminished capacity allows a defendant to avoid criminal liability by showing that his mental capacity was so diminished that he could not have had the intent required to commit the crime he is charged with . See People v.
What is an example of diminished capacity?
In the example of murder and manslaughter , a diminished capacity defense contends that a certain defendant is incapable of intending to cause a death, and therefore must have at most caused such a death recklessly.
What is a claim of diminished capacity?
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.
When can diminished capacity be used?
The diminished capacity defense allows defendants to attempt to show that they could not have had, and therefore did not have, the mental state required for conviction of a crime . California limited use of the defense; if the cause of diminished capacity was other than mental illness, mental defect, or intoxication, ...
How has the diminished capacity defense affected the US criminal justice system?
A successful diminished capacity plea will result in the defendant being convicted of a lesser charge. “Reason of insanity” is known as an affirmative and complete defense to crimes, whereas “diminished capacity” mitigates the crime and results in a lesser charge conviction .
What are the elements of diminished responsibility?
- He was suffering from an abnormality of mental functioning;
- From a recognised medical condition;
- Which substantially impaired his ability to understand his conduct, form a rational judgment or exercise self-control;
What are the three types of intent?
Three types of criminal intent exist: (1) general intent , which is presumed from the act of commission (such as speeding); (2) specific intent, which requires preplanning and presdisposition (such as burglary); and (3) constructive intent, the unintentional results of an act (such as a pedestrian death resulting from ...
What does diminished mental capacity mean?
Legal Definition of diminished capacity
1 : 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.
Why was diminished capacity abolished?
California abolished the defense of diminished capacity after it was used in the trial of Dan White , who was accused of and convicted for killing Harvey Milk and George Moscone. ...
What is mental incompetence?
“A person is mentally incompetent to commit an offence if, at the time of the conduct alleged to give rise to the offence, the person is suffering from a mental impairment and, in consequence of the mental impairment; a) does not know the nature and quality of the conduct; or b) does not know that the conduct is wrong; ...
How do you prove diminished mental capacity?
Under California Probate Code section 811 , the contestant must prove a material functional impairment by offering evidence of a mental function deficit that “significantly impairs the person’s ability to understand and appreciate the consequences of his or her actions with regard to the type of act or decision in ...
What are the four types of insanity defenses?
The four versions of the insanity defense are M’Naghten, irresistible impulse, substantial capacity, and Durham .
What is the duress defense?
Duress is the potential legal defense in which the defendant argues that he or she should not be held responsible or criminally liable for whatever criminal act was committed because the act was committed only out of an immediate fear of injury.
What is the difference between insanity and diminished capacity?
Please note the difference between diminished capacity and an insanity defense. Diminished capacity allows the defendant to try to prove that, because of a mental impairment, he lacked the required intent to commit the crime . Insanity is not invoked to disprove intent.
What is the impact of a successful plea of diminished responsibility?
It is contained in the Homicide Act 1957 as modified by the Coroners and Justice Act 2009. Where the defence of diminished responsibility is successfully pleaded, it has the effect of reducing a murder conviction to manslaughter.
What is abnormality of mental functioning?
Abnormality of mental functioning means a state of mind so different from that of ordinary human beings that the reasonable person would term it abnormal – R v Byrne [1960] 2 QB 396. It covers the ability to exercise willpower or to control physical acts in accordance with rational judgement.
