Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

diminished capacity

Read a random definition: Mandate

A quick definition of diminished capacity:

Diminished capacity is a legal defense used in some places where a person claims they couldn't have intended to commit a crime because of a mental impairment or disease. It's different from an insanity defense because it doesn't result in a verdict of not guilty, but rather a conviction of a lesser offense. For example, if someone is charged with murder but successfully pleads diminished capacity, they may be convicted of manslaughter instead. The defense is based on the idea that some people are incapable of meeting the mental state required for a specific crime.

A more thorough explanation:

Definition: Diminished capacity is a legal defense theory that argues that a person, due to unique factors, could not meet the mental state required for a specific intent crime. It is different from the "not guilty by reason of insanity" defense because it only results in the defendant being convicted of a lesser offense, rather than being found not guilty and committed to a mental institution.

For example, if someone is charged with second-degree murder, which requires the intent to cause the death of a person, but they have a mental impairment or disease that makes them incapable of forming that intent, they could use a diminished capacity defense to argue that they should be convicted of a lesser offense, such as second-degree manslaughter, which only requires recklessness.

One famous example of a diminished capacity defense is the "Twinkie defense" in the 1979 case California v. White. Dan White, a former city supervisor, shot and killed the mayor of San Francisco and another city supervisor. His defense argued that a diet of only junk food had created a chemical imbalance in his brain, making him unable to premeditate murder. The jury convicted him of voluntary manslaughter instead of first-degree murder.

The federal sentencing guidelines allow for a plea of diminished capacity if a "significantly reduced mental capacity contributed substantially to the commission of the offense." This can result in a reduced sentence, but not a "not guilty" verdict.

Example: John is charged with second-degree murder for killing his wife. However, John has a history of severe mental illness and was in a psychotic state at the time of the killing. His defense team argues that he was incapable of forming the intent required for second-degree murder due to his mental illness, and instead should be convicted of a lesser offense, such as manslaughter. This is an example of a diminished capacity defense.

Explanation: John's mental illness is a unique factor that could make him incapable of forming the intent required for second-degree murder. By using a diminished capacity defense, his defense team is arguing that he should be convicted of a lesser offense that does not require that intent, such as manslaughter. If successful, this defense could result in a reduced sentence for John.

dilution (trademark) | diminution in value

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
NosyBeagle
16:18
lmaooo
eggan
16:19
you atted windy lol you probably meant to at me but thats ok
Also also, at the same time, the biglaw lawyers increasingly are going "fuck these t30 hires are really good (the non accommodated 160s who would be t14 people in 2008 over these accommodated 170s in the t14 lmfao)" lolololol Also for RC just the more you do the better you are.
AngryMiniCar
16:20
@eggan: thanks! I'll do that.
16:20
Sometimes my mind just goes blank when staring at an RC passage
16:21
what helped me most for RC was that the right answer will always be in the passage, even if its only implied
16:21
so you just have to justify your answer choice with specific line support
NosyBeagle
16:21
maybe i forgot who i was talking to. you can't scroll after a bit lol
@PremiumFrequentCrane: i dont have accomodations you absolute buffoon
NosyBeagle
16:22
trying to see if i have it in me to do another lr set
NosyBeagle
16:23
the best i've done on lr has been -10. I have a long way to go
@NosyBeagle: you need to be drilling weak question types and not doing full sets if you're at -10
NosyBeagle
16:25
@windyMagician: i would send the salute emoji if this website supported them
NosyBeagle
16:25
will start doing this
here u go: 🫡
AngryMiniCar
16:26
^^ I will say wrong answer journal helped me a loooooottt. I would put a small note on the bottom of every reviewed question about a concept/ idea that I learned from my mistake and review it every once in a while. I came from -11
NosyBeagle
16:28
🫡
AngryMiniCar
16:28
I think my issue with RC is that for LR if I misread that's one question. But if I misread the tone of an RC passage I'm screwed for a bunch of questions.
do you have a particularly hard time with one kind of passage, or is it more of an overall problem?
First, RC is something you been doing since grade 1, so unlike LR or LG, it is something you have been exposed to and you will have a natural affinity for it that will be hard to move beyond. Second, you need to just do more of them lol Know all the rules and question types etc. from a curriculum, one of the tried and true like PS or 7sage or what not, then you just drill. Of course that also means you need to review your answers in depth - you need to find where in your thought process you made an error so it doesnt happen again. It also helps to solidify right thought pathways. And not about content like "oh yeah i guess the blacks in 1870s latino communities were creole," but like "oh yes question asks for y and i said z so in the answer i mistook x for w being the right answer" lol aka structural approach. That is all i gots for free lol hire a tutor if you need more.
For LR, look at it as mathematical word problems with algebra.
AngryMiniCar
16:32
Thanks @premiumfrequentcrane. Windy I think (oddly enough) I'm having the most trouble with liberal arts/arts based passages. So anything about the arts/ a writer or author/ music I mess up on even if the passage is super easy.
Usually happens when you apply too much opinion to the passage lol that is also why i said 0 to -2 is RC mastery as opposed to -0 as sometimes you may think that author's pov in the opera comparative passages is "facetious" and they were looking for "apathetic"
AngryMiniCar
16:36
That's likely true.
Remember, all people who go to law school having to do LSAT prep is also about social engineering lol Like you should have some shared basis in how you think/talkk, hence "lawyer talk," but how do they choose which ones to release for everyone to do, from a content perspective? Is it a coincidence we get many climate change content questions? LOL So what i am getting at is that is sometimes VERY subjective lol So dont beat yourself up TOO bad on arts in RC, but obvs work on it.
How many t-14s are appropriate to apply to if i have a 170 lsat
this is for next cycle
everyone saying medians are gonna be crazy so idk what i should be aiming for. 3.9+ gpa if it matters
r/lsa makes me feel like im stupid for having a 170 lol
@RasheedWallaceFan: your gpa is above all medians, so apply broadly
LSD+ is ad-free, with DMs, discounts, case briefs & more.