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diminished capacity Law Definition

n

An alteration to a defendant’s mental state, a reduced ability to understand, usually the result of mental retardation, alcohol or drug intoxication, or some other factor, which exists at the time of the commission of a crime, not sufficient to support an insanity defense, but that raises the issue of whether the defendant was able to form the intent to commit the crime. Typically offered as a defense in partial mitigation to obtain conviction on a lesser included charge or to receive a lesser sentence.

Browse dictionary entries near diminished capacity

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