Diminished capacity in United States law

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Diminished capacity in United States law provides for reduced penalties for certain offenders with mental illness. The U.S. Sentencing Guidelines provide, "A downward departure may be warranted if (1) the defendant committed the offense while suffering from a significantly reduced mental capacity; and (2) the significantly reduced mental capacity contributed substantially to the commission of the offense."[1]


  1. ^ U.S.S.G. §5K2.13, archived from the original on 2010-06-18