diminished responsibility doctrine

diminished responsibility doctrine
/daminasht rasponsabilatiy doktran/ Term used to refer to lack of capacity to achieve state of mind requisite for commission of crime. McGuire v. Superior Court for Los Angeles County, 274 Cal.App. 583, 79 Cal.Rptr. 155, 161.
The concept of diminished responsibility, also known as partial insanity, permits the trier of fact to regard the impaired mental state of the defendant in mitigation of the punishment or degree of the offense even though the impairment does not qualify as insanity under the prevailing test. A number of courts have adopted the concept. In some jurisdictions, mental retardation and extremely low intelligence will, if proved, serve to reduce first degree murder to manslaughter.
See also insanity

Black's law dictionary. . 1990.

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  • diminished responsibility doctrine — /daminasht rasponsabilatiy doktran/ Term used to refer to lack of capacity to achieve state of mind requisite for commission of crime. McGuire v. Superior Court for Los Angeles County, 274 Cal.App. 583, 79 Cal.Rptr. 155, 161. The concept of… …   Black's law dictionary

  • diminished capacity doctrine — This doctrine recognizes that although an accused was not suffering from a mental disease or defect when the offense was committed sufficient to exonerate him from all criminal responsibility, his mental capacity may have been diminished by… …   Black's law dictionary

  • diminished capacity doctrine — This doctrine recognizes that although an accused was not suffering from a mental disease or defect when the offense was committed sufficient to exonerate him from all criminal responsibility, his mental capacity may have been diminished by… …   Black's law dictionary

  • Diminished responsibility — For other types of responsibility, see Responsibility (disambiguation). Criminal defenses …   Wikipedia

  • diminished responsibility — or diminished capacity In law, doctrine that absolves an accused person of part of the liability for his criminal act if he suffers from such abnormality of mind as to substantially impair his responsibility in committing or being a party to an… …   Universalium

  • diminished capacity — di·min·ished capacity /də mi nisht / n 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… …   Law dictionary

  • insanity — The term is a social and legal term rather than a medical one, and indicates a condition which renders the affected person unfit to enjoy liberty of action because of the unreliability of his behavior with concomitant danger to himself and others …   Black's law dictionary

  • insanity — The term is a social and legal term rather than a medical one, and indicates a condition which renders the affected person unfit to enjoy liberty of action because of the unreliability of his behavior with concomitant danger to himself and others …   Black's law dictionary

  • Homicide Act 1957 — The Homicide Act 1957 is an Act of the Parliament of the United Kingdom (5 6 Eliz. II c. 11).It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice (except in… …   Wikipedia

  • Manslaughter — For other uses, see Manslaughter (disambiguation). Homicide …   Wikipedia

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