Incompetence

Lack of Capacity - In criminal law, a "lack of capacity" refers to a defendant's inability, due to mental illness, cognitive impairment, or other factors, to understand the nature and consequences of their actions or to conform their behavior to the requirements of the law. If proven, this lack of capacity can be a defense in some cases, as it may negate the defendant's criminal responsibility for the alleged actions.

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Lack of Capacity
Preferred Label
Incompetence
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Definition and Examples

Definition
In criminal law, a "lack of capacity" refers to a defendant's inability, due to mental illness, cognitive impairment, or other factors, to understand the nature and consequences of their actions or to conform their behavior to the requirements of the law. If proven, this lack of capacity can be a defense in some cases, as it may negate the defendant's criminal responsibility for the alleged actions.
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Deprecated
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