What is the defense of diminished capacity? What is the principle behind the defense? How does this defense relate to the defense of insanity?
What will be an ideal response?
In most jurisdictions, defendants may put on evidence to establish that insanity prevented the requisite mens rea from being formed. Through the defense of diminished capacity, a defendant states that insanity prevented the requisite mens rea from being formed. This is a direct attack on the mens rea element of the crime, separate from the defense of insanity. The principle behind this defense is that having a recognized form of diminished mental capacity while committing a crime should lead to the imposition of a lesser punishment or to lowering the degree of the crime. Some states require that defendants choose between the insanity defense and the assertion of lack of mens rea due to insanity.
You might also like to view...
According so social bonding theory, when kids or adults are labeled as "bad" the label becomes a self-fulfilling prophecy
a. True b. False
Prisonisation theory was proposed by Thomas and Peterson in what year?
a. 1977; b. 1965; c. 1988; d. 1991.
The ___________ Amendment to the U.S. Constitution that guarantees freedom of speech, religion, press, and assembly, and the right of the people to petition the government for redress of grievances
Fill in the blank(s) with correct word
Which of the following statements is true of the system of background checks for the purchase of firearms?
A. It is unreliable as it is carried out by firearms dealers. B. It is conducted by a law enforcement agency, usually the FBI. C. People with only one prior felony conviction are allowed to purchase firearms. D. People with a mental illness history can buy firearms so long as they agree to be admitted to a mental health facility.