Diminished Capacity

Diminished capacity refers to a legal concept that recognizes a defendant’s reduced or impaired mental capacity at the time a crime was committed. It implies that the individual’s mental state was affected to the degree that they were incapable of fully understanding the consequences, nature, or wrongfulness of their actions. This concept is often used as a defense to reduce the defendant’s level of culpability in criminal cases.

Diminished Responsibility

Diminished responsibility is a legal term that relates to a defendant’s reduced level of responsibility for a criminal act due to an underlying mental disorder or abnormality. As opposed to diminished capacity, diminished responsibility focuses on the defendant’s mental state leading up to the crime and its impact on their ability to control their actions or appreciate the wrongful nature of their behavior. This defense is commonly used to argue for a reduced sentence or a charge of a lesser offense.