Diminished Capacity Vs Insanity Defense

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On the other hand, diminished capacity is the concept that comes from the idea that certain mental disorders may reduce an offenders’ culpability. Diminished capacity is closely related to the insanity defense but does not consider the offender to be legally insane. A successful defense sees the offender as guilty but usually result in a mitigated punishment. The Texas Penal Code does not consider diminished capacity as an affirmative defense but instead uses the defense during the prosecution phase once the defendant has been found guilty. Diminished capacity includes an array of mental disorders varying from depression to schizophrenia. If successful, diminished capacity results in the defendant being convicted of a lesser offense.