Diminished personal capacity


  • Incompetence to stand trial

Nature

A plea of diminished capacity in legal proceedings permits the defendant to introduce evidence of temporary mental impairment at the time the crime was committed thus reducing the level of responsibility, if any, for the crime. This plea may be abused to avoid conviction or the responsibility for any reparations to victims. Incompetence to stand trial is distinguished from diminished capacity in that it is a temporary plea for postponement, such as for purposes of hospitalization. Both are to be distinguished from insanity as a permanent impairment.


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