Problem

Diminished personal capacity

Other Names:
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.
Broader Problems:
Incompetence under law
Related Problems:
Criminal insanity
Problem Type:
F: Fuzzy exceptional problems
Subject(s):
Tribunals, courts
Date of last update
01.01.2000 – 00:00 CET