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Webster's New World Law Dictionary » diminished capacity
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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