diminished capacity

diminished capacity definition - legal

n

An alteration to a defendantÂ’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.

Webster's New World Law Dictionary Copyright © 2006 by Wiley Publishing, Inc., Hoboken, New Jersey.
Used by arrangement with John Wiley & Sons, Inc.

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