The concept that individuals with impaired cognitive understanding should not be held culpable, was used as early as the Roman Empire. Roman law classified those individuals to be non compos mentis, or:

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The term "non compos mentis" translates from Latin to mean "not of sound mind," which is essentially saying someone is "without mastery of mind." This concept was used to determine that individuals who could not understand their actions due to cognitive impairments were not held responsible for their actions under Roman law.

The Concept That Individuals with Impaired Cognitive Understanding Should Not