What are the elements of a diminished capacity defense?

A diminished capacity defense is a type of criminal defense available in Texas that may reduce a charge of a drug crime. This defense asserts that a criminal defendant’s mental capacity was reduced or diminished by an underlying mental disorder or other mental health condition, thus limiting their capacity for forming intent necessary for a conviction. The elements of a diminished capacity defense vary from state to state, and in Texas the elements of a diminished capacity defense are as follows. First, a defendant must be able to prove that an underlying mental disorder or other mental health condition existed that reduced their capacity for forming intent. The mental disorder or health condition must have either been known to the defendant or reasonably should have been known to the defendant at the time of the crime. Second, the defendant must be able to prove that the mental disorder or other mental health condition affected their ability to form the intent required in order to commit the crime. That is, due to their mental disorder or mental health condition, the defendant was unable to understand the nature of their actions or the moral wrong that they were committing. Finally, the defendant must be able to prove that their mental disorder or mental health condition existed at the time of the crime. If any of these elements are not proved, then the diminished capacity defense will not be successful.

Related FAQs

What is the difference between an indictment and an arrest?
What is a drug awareness program?
What is the difference between a drug and a pharmaceutical?
What is the difference between possession and trafficking?
What is entrapment in drug offenses?
What is the difference between a drug addict and a user?
What is drug diversion?
What is the standard of proof in a criminal trial?
What is an informant in a drug crime case?
What is the difference between circumstantial and direct evidence?

What are the elements of a diminished capacity defense?

Related FAQs

Related Blog Posts