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im Zustand verminderter Schuldfähigkeit

English translation: He is charged based upon a reduced degree of criminal responsibility (or culpability)

22:38 Jan 3, 2003
German to English translations [Non-PRO]
Law/Patents
German term or phrase: im Zustand verminderter Schuldfähigkeit
Er wird angeklagt im Zustand verminderter Schuldfähigkeit.
Gary
English translation:He is charged based upon a reduced degree of criminal responsibility (or culpability)
Explanation:
Dietl/Lorenz, GE WB fuer Recht usw
Selected response from:

Dr. Fred Thomson
United States
Local time: 05:45
Grading comment
Graded automatically based on peer agreement. KudoZ.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +3He is charged based upon a reduced degree of criminal responsibility (or culpability)
Dr. Fred Thomson
3 +3diminished responsibility
writeaway
4 +1in conditions of reduced accountability for his/her actions
swisstell
4 +1diminished capacity
Johanna Timm, PhD
1less competence
Yngve Roennike


  

Answers


23 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
in conditions of reduced accountability for his/her actions


Explanation:
of reduced competence for his/her actions

swisstell
Italy
Local time: 13:45
Native speaker of: German
PRO pts in pair: 3377

Peer comments on this answer (and responses from the answerer)
agree  Ellen Zittinger
5 hrs
  -> thank you and bless your heart!
neutral  TonyTK: The general idea's right. But where on earth did you find the phrase? Any references?
13 hrs
  -> stop your snide remarks and do your own POSITIVE input, if you've got any brains for it
disagree  Per Incuriam: I agree fully with TonyTK. Why not answer his point (if you can)?
1 day 4 hrs
  -> no references, dear bureaucrat, just my "intuition"
agree  Giusi Pasi: lol, sorry, but you all are funny. 1 point to e-rich just in sympathy ;-)
1 day 18 hrs
  -> thanks, Giusi. There is a positive person with a positive attitude!
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28 mins   confidence: Answerer confidence 5/5 peer agreement (net): +3
He is charged based upon a reduced degree of criminal responsibility (or culpability)


Explanation:
Dietl/Lorenz, GE WB fuer Recht usw

Dr. Fred Thomson
United States
Local time: 05:45
Native speaker of: English
PRO pts in pair: 5861
Grading comment
Graded automatically based on peer agreement. KudoZ.

Peer comments on this answer (and responses from the answerer)
agree  smarinella
23 mins
agree  Giusi Pasi: good!
53 mins
agree  Ellen Zittinger
4 hrs
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1 hr   confidence: Answerer confidence 1/5Answerer confidence 1/5
less competence


Explanation:
Could it have something to do with being less competent to stand trial? If you are incompetent to stand trial you have precisely zero Schuldfähigkeit.

--------------------------------------------------
Note added at 2003-01-04 01:43:44 (GMT)
--------------------------------------------------

On consulting Black, I find:
Diminished capacity doctrine and dimished responsibility doctrine, not quite the same, and also competency or capability to stand trial.

The diminished responsibility is the obvious choice, which you can find in any good dictionary.


Yngve Roennike
Local time: 07:45
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 34
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
diminished responsibility


Explanation:
I think that is the legalese term.

the underlying causes of mental illness and its associated conditions, it has ... and a new plea of ‘‘guilty but with diminished responsibility’’ in cases ...
www.feargalquinn.ie/m/mcrimins.htm - 21k

--------------------------------------------------
Note added at 2003-01-04 00:49:54 (GMT)
--------------------------------------------------

. us to the legal defence of diminished responsibility, the tale ... I don\'t mean that the determinants of basic responsibility are status conditions, such that ...
users.ox.ac.uk/~lawf0081/explorer/responsibility2.pdf

.. the jury to the requisite standard that these conditions were, in fact ... pleaded one of a number of defences, usually provocation or diminished responsibility. ...
www.rsm.ac.uk/pub/bkbranthch.pdf

writeaway
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1179

Peer comments on this answer (and responses from the answerer)
agree  Norbert Hermann: absolutely!
8 hrs
agree  jerrie
9 hrs
agree  Nadders
1 day 22 hrs
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
diminished capacity


Explanation:
"Diminished Capacity"
A diminished capacity defense asserts that the defendant's ability to appreciate the nature of the act and the consequences thereof was diminished due to a mental disorder. A plea of "diminished capacity" is not a complete defense to a crime but may serve to reduce the offense to a less serious charge.

Corroborated also by Romain, Dict. of Legal and Commercial Terms :"diminished capacity"= verminderte Schuldfähigkeit.






    Reference: http://www.1-800-attorney.com/li/legal_topics.cfm?i_Display=...
Johanna Timm, PhD
Canada
Local time: 04:45
Native speaker of: Native in GermanGerman
PRO pts in pair: 7773

Peer comments on this answer (and responses from the answerer)
agree  TonyTK: But possibly still a bit tricky - see http://www.emory.edu/AAPL/newsletter/N241_mens_rea_defenses....
7 hrs
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