diminished capacity

noun

di·​min·​ished capacity
də-ˈmi-nisht-
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

called also diminished responsibility, partial insanity

compare insanity, irresistible impulse test, m'naghten test, substantial capacity test
2
a
: a defense based on a claim of diminished capacity
b
: the doctrine that diminished capacity may negate an element of a crime

Note: If diminished capacity is shown, negating an element of the crime with which a defendant is charged, the defendant can only be convicted of a lesser offense that does not include the element.

Dictionary Entries Near diminished capacity

Cite this Entry

“Diminished capacity.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, https://www.merriam-webster.com/legal/diminished%20capacity. Accessed 15 Jul. 2024.

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