Diminished Capacity

• Protecting the Rights of Litigants With Diminished Capacity in the New York City Housing Courts

Introduction. I. Background: Societal Developments Reflected in Statutes and Case Law. A. Societal Developments: Evolution Of Understanding Of Mental Illness. B. Judicial and Legislative Developments In New York: CPLR Article 12 And Its Background. C. Federal Developments: The Americans With Disabilities Act. II. Assessment of CPLR Article 12's Guardian Ad Litem Provisions as a Means of Protecting the Rights of Litigants with Diminished Capacity. A. Compliance By Parties With The Obligation To Inform, And By The Courts With The Obligation To Inquire, When A Litigant May Require A Guardian Ad Litem. 1. A Litigant is Obligated to Disclose to the Court any Information About Another Party's Inability to Prosecute or Defend a Proceeding. 2. The Court Must Be Diligen...

• Cardozo Public Law, Policy and Ethics Journal
• Nbr. III-3, January 2006

• Project Will Help Lost People Get Home Safely ; Laramie County First-Responders Are Implementing the Project Lifesaver Program to Help Recover People of 'Diminished Capacity' Who May Have Wandered Off and Gotten Lost.

Project Lifesaver is a nationwide effort that provides traceable bracelets to people of "diminished capacity. By Lindsey Erin Kroskob

• Wyoming Tribune - Eagle
• December 17, 2010

• Diminished Capacity

Directed by Terry Kinney IFC Films Opens July 4, Sunshine Cinema This first feature by character actor/theater director Terry Kinney addresses, once again, America's apparent surfeit of sweet-souted losers and eccentrics, replete with rueful indie muzak Cooper (Matthew Broderick), a Chicago newspaperman still held back at work by a recent concussion, returns to hometown rural Missourah to check up on a precarious relation.

• Village Voice, The
• August 27, 2009

• State v. Krueger, (Ohio 2010)

murder; inferior offenses; purposefully; voluntary intoxication; diminished capacity; provocation

• Ohio Supreme Court

• Clearer guidance for estate planning lawyers: how do we deal with clients suffering from diminished capacity? What duty of confidentiality do we owe prospective clients who meet with but don't hire us? These are some of the ethics questions faced by estate planning lawyers that are easier to answer thanks to the new rules.

[ILLUSTRATION OMITTED] The newly revised Illinois Rules of Professional Conduct (1) were meticulously crafted to provide relief and clarification fo...

• Illinois Bar Journal
• Vol. 98 Nbr. 8, August 2010

• Diminished Capacity and Then Some

A lawyer representing Robert Bailey, 23, charged with murdering a police officer in Panama City Beach, Fla., withdrew from the case, explaining that he can better help Bailey avoid the death penalty by appearing as a witness on his behalf. Deputy Public Defender Walter Smith insisted that Bailey is either retarded or brain damaged.

• Syracuse New Times
• August 06, 2009

• Diminished capacity - owners' ability to sue for construction defects in Florida.

Owners' remedies for construction defects, always an area of flux, are emerging from an especially volatile period which has markedly changed the lega...

• Florida Bar Journal
• Vol. 71 Nbr. 6, June 1997

• Diminished Capacity

This doctrine recognizes that although, at the time the offense was committed, an accused was not suffering from a mental disease...

• West's Encyclopedia of American Law
• Com–Dor

• The Tricky Task of Clarifying Mental Competency

Last week, a U.S. District Judge declared Jared Lee Loughner, the man accused of killing six people and wounding Rep. Gabrielle Giffords in Arizona in January, mentally incompetent to stand trial. He will now return to a federal facility for several months as doctors medicate him and attempt to restore his competency so he can understand the charges against him. By law, individuals who are mentally incompetent cannot retain an attorney, file a lawsuit, defend themselves or stand trial. What if, however, the legal water is muddy when it comes to determining whether or not someone is mentally competent? Clients struggling with dementia or other mental impairments causing diminished capacity present unique challenges for attorneys.

• Long Island Business News
• June 08, 2011

• Black rage and the criminal law: a principled approach to a polarized debate.

The "black rage" defense raise in the trial of Colin Ferguson for murdering commuters on a Long Island train is better suited to a diminished capacity argument than it is to asserting the insanity defense. The defense is controversial because it characterizes African-Americans as unable to control themselves in certain instances. The defense as characterized is more similar to the partial defense of diminished capacity than the complete defense of insanity because there is still a blameworthy choice that can be the subject of criminal prosecution.

• University of Pennsylvania Law Review
• Vol. 143 Nbr. 6, June 1995