A client with mental retardation has been accused of first-degree murder. There has been a plea of diminished capacity. Which of the following describes diminished capacity?
A) Used by individuals who are informed of their legal rights
B) Entered in the presence of a mental disease at the time of the commission of an alleged criminal act
C) The criminal act occurred because of the client's illness but the client is not responsible for his or her behavior
D) Because of a mental impairment, the defendant could not form the mental state required for a particular offense
Ans: D
Diminished capacity asserts that because of the mental impairment, such as mental retardation, the defendant could not form the specific mental state required for a particular offense, such as first-degree murder. Informing individuals of their legal rights describes the Miranda warning. Entered in the presence of a mental disease relates to not guilty by reason of insanity. A criminal act committed because of the client's illness but without responsibility describes the plea of guilty but mentally ill.
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