Mental Incapacity

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Under this defense, the lawyer argues that the defendant lacked the capacity to distinguish right from wrong or to understand the likely consequences of his/her actions Examples of incapacity include:

  • Insanity- The defendant was mentally incapable of telling right from wrong
  • Infancy- The defendant was too young to be held criminally liable for the crime
  • Diminished responsibility- The defendant was mentally incapable of the intent required for the crime