Category Archives: diminished capacity

CAN I CLAIM PTSD AS A DIMINISHED CAPACITY DEFENSE IN ILLINIOS?

The answer is no. Diminished capacity is not recognized as a defense in Illinois. However, you might instead consider whether you were not guilty by reason of insanity or guilty but mentally ill. In the that recognize diminished capacity, a … Continue reading

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AM I RESPONSIBLE FOR A CRIME IF I WAS UNDER THE INFLUENCE OF A PRESCRIPTION DRUG?

The answer is that you may have a diminished capacity defense if you were involuntarily intoxicated because you were not warned about the side effects of a prescription drug. Beyond that, diminished capacity and/or voluntary intoxication is not recognized as … Continue reading

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THE INSANITY DEFENSE IN ILLINOIS

Sometimes a defendant commits a crime without being truly responsible for his or her actions. Illinois recognizes this concept as the insanity defense. There are, however, many misconceptions about how it works. Legal insanity does not mean just any type … Continue reading

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