diminished capacity

An impaired mental condition — short of insanity — that is caused by intoxication, trauma, or disease and that prevents a person from having the mental state necessary to be held responsible for a crime.

• In some jurisdictions, a defendant’s diminished capacity can be used to determine the degree of the offense or the severity of the punishment.

— Also termed diminished responsibility. Cf. INSANITY. [Cases: Criminal Law 46; Homicide 816. C.J.S. Criminal Law §§ 96–98, 113.]

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词条贡献者

双语律师郭敏，国际知名商学院金融专业，擅长翻译各类与金融衍生品与结构化产品相关的法律文件。