Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

diminished capacity :: legal definition


Diminished capacity - n. essentially a psychological term which has found its way into criminal trials. A contention of diminished capacity means that although the accused was not insane, due to emotional distress, physical condition or other factors he/she could not fully comprehend the nature of the criminal act he/she is accused of committing, particularly murder or attempted murder. It is raised by the defense in attempts to remove the element of premeditation or criminal intent and thus obtain a conviction for a lesser crime, such as manslaughter instead of murder. While the theory has some legitimacy, at times juries have been overly impressed by psychiatric testimony. The most notorious case was in People v. Dan White, the admitted killer of San Francisco Mayor George Moscone and Supervisor Harvey Milk, who got only a manslaughter conviction on the basis that his capacity was diminished by the sugar content of his blood due to eating "Twinkies."

See also: insanity M'Naughten rule and Related Law Terms ↓


Related Law Terms

attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
commutation :: n. the act of reducing a criminal sentence resulti ... See also: executive clemency pardon
criminal :: 1) n. a popular term for anyone who has committed ... so: convict felon habitual criminal
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
mitigating circumstances :: n. in criminal law, conditions or happenings which ... ity heat of passion Twinkie defense
M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
parole :: n. 1) the release of a convicted criminal defendan ... sed he will not take up arms again.
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea
prior(s) :: n. slang for a criminal defendant's previous recor ... es for the third felony conviction.
temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent
Twinkie defense :: n. a claim by a criminal defendant that at the tim ... rder. See also: diminished capacity

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - D

D.A. :: n. slang for District Attorney. ... n. slang for District Attorney.
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
D.U.I. :: n. short for driving under the influence of alcoho ... ing under the influence of alcohol.
D.W.I. :: n. 1) short for driving while intoxicated. 2) abbr ... for dying without issue (children).
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence
dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment.
date rape :: n. forcible sexual intercourse by a male acquainta ... physical resistance. See also: rape
day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket."
de facto :: adj. Latin for "in fact." Often used in place of " ... ave not been met. See also: de jure
de facto corporation :: n. a company which operates as if it were a corpor ... also: de facto de jure ultra vires
de jure :: adj. Latin for "lawful," as distinguished from de ... also: de facto de jure corporation
de jure corporation :: n. a corporation in good standing under the law, a ... also: de facto corporation de jure
de minimis :: adj. (dee-minnie-miss) Latin for "of minimum impor ... deal, a $10 mistake is de minimis.
de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo
deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon
dealer :: n. anyone who buys goods or property for the purpo ... ins taxes by buying other property.
death penalty :: n. the sentence of execution for murder and some o ... rder and some other capital crimes.
death row :: n. nickname for that portion of a prison in which ... o: capital punishment death penalty
debenture :: n. a form of bond certificate issued by a corporat ... n shares of stock or general bonds.