Diminished capacity can describe a mental condition short of insanity that will exonerate the accused or lessen the crime for which s/he is convicted if the person

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Diminished capacity defense is a failure of proof defense that negates an element of the crime, namely mens rea. It is not a complete defense, but a partial defense that can reduce the crime to a lesser offense. The defendant must show that, due to a mental defect or disability, he or she lacked the specific intent or knowledge required for the crime. The burden of proof is on the defendant to raise and prove this defense. The other choices do not accurately describe the concept of diminished capacity.

Diminished Capacity Can Describe a Mental Condition Short of Insanity