Psycholegal & Clinical Assessment Services
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Diminished Capacity
Dr. Gaskell at Psycholegal & Clinical Assessment Services offers psychological evaluations services pertaining to a defendants potential diminished capacity at the time of their criminal offense. We also offer many other types of Forensic Psychological Evaluations. Contact us today at 630-780-1085 or 630-903-9193 today for a Free Consultation.
Certain criminal offenses require a certain level of intent (i.e. First Degree Murder). There are times when a person’s mental state (often a mental disease or defect) interferes with their ability to fully form the necessary intent for the crime charged. The information needed to perform this type of evaluation is similar to the information needed to establish mental state at time of the offense evaluations (insanity defense).
Tennessee’s Definition of Culpable Mental State T.C.A. § 39-11-302:
(a) “Intentional”- Refers to a person who acts intentionally, knowingly, recklessly or with criminal negligence, as the definition of the offense requires, with respect to each element of the offense.
(b) “Knowing”- Refers to a person who acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly when the person is aware that the conduct is reasonably certain to cause the result.
(c) “Reckless”- Refers to a person who acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person’s standpoint.
(d) “Criminal Negligence”- Refers to a person who acts with criminal negligence with respect to the circumstances surrounding that person’s conduct or the result of that conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation form the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person’s standpoint.
A finding of diminished capacity does not absolve one from culpability – it is not a defense to the crime. Rather, the results are most frequently used as either a plea bargaining tool, or as a mitigating circumstance in setting the penalty, if convicted. The evaluation results should identify the crime, the culpable mental state and whether there was a mental condition at the time of the offense which affected the mental state necessary for the criminal intent for that specific crime.
