• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Compliance Mitigation

Compliance Mitigation

Government Investigations / White Collar Crime

  • Start
  • Testimonials
  • Services
    • Investigations
    • Mitigation
    • White Collar
    • Reputation
    • Case Studies
    • Training
  • Contributors
  • Contact
  • Log In
  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

Diminished Capacity

You are here: Home / Resilience / Diminished Capacity

November 6, 2020 By Michael Santos

Learning about diminished capacity may help a person who has been charged with a crime. Learn how the concept of diminished capacity can influence federal sentencing guidelines and a sentencing hearing.

Leniency at Sentencing

More than 90% of the people charged with federal crimes face a sentencing hearing. Federal judges will rely upon the U.S. Federal Sentencing Guidelines. I offered a brief history on sentencing guidelines in an earlier article I wrote about Aberrant Behavior. By reading about that history, visitors of Prison Professors can learn how and why judges rely upon the U.S. Federal Sentencing Guidelines.

Judges will consider various factors at sentencing. Learn how to build a case that may lead to a lower sentence. One strategy may include the rule of “diminished capacity” in federal sentencing.

What is diminished capacity?

As a legal term, diminished capacity implies that the individual didn’t know he was committing an offense. The person may plead guilty to committing a crime. But if the person didn’t know that he was committing a crime, the judge may be more inclined to have mercy when imposing the sentence.

According to the theory of diminished capacity, a person who knowingly commits a crime, and knowingly makes victims of other people, deserves a severe sentence. A person that commits a crime, but doesn’t know that he is committing a crime, may be worthy of mercy.

From a common sense perspective, it seems reasonable that a judge would impose a lighter sentence on some people. In fact, the U.S. Supreme Court has made several rules that allow judges to consider mitigating factors at sentencing. Judges can consider all types of mitigating factors, including:

  • Poverty
  • Racial discrimination and humiliation,
  • Drug abuse,
  • Addiction,
  • Dysfunctional family background
  • Lack of Guidance as a Youth,
  • And other influences.

Prosecutors will likely oppose requests for mercy. That’s their job. In the past, we’ve had several people that, while serving as Attorney General, issued policies that directed all prosecutors to charge defendants as severely as possible. For example, under President Trump, the Attorney General Sessions has a policy that required prosecutors to object to any arguments that could lead to a downward departure.

  • See Attorney General Sessions Memo for All Federal Prosecutors

Still, Title 18 USC § 3555(a) requires judges to consider all types of personal factors. The guidelines provide a start. It’s up to the prosecutor to argue for a stiff sentence, and for the defense attorney to argue for a lenient sentence.

  • What steps should a person take to show that he is worthy of a lower sentence?

In some cases, that person may want to write a comprehensive story. The story should begin with a clear understanding of diminished capacity. In many cases, a person will plead guilty. Yet if he can show influences that led him into crime, he may help his attorney advance an argument for diminished capacity.

The United States Sentencing Guidelines offer insight. They state that a federal court may depart downward from the minimum sentence on the basis of diminished capacity. This rule applies for any nonviolent offense. Don’t take my word for it. At compliancemitigation.com, we always advise people to do their own research. Check out the following citation:

Guideline permits a court to depart downward if the defendant “committed a nonviolent offense while suffering from significantly reduced mental capacity not resulting from voluntary use of drugs or other intoxicants.”

United States Sentencing Guidelines § 5K2.13

The United States Sentencing Guidelines allows for downward departures for mitigating factors. One of those factors may include an “extraordinary mental condition.” Defendants can build a case that may rely upon § 5K2.0 of the guidelines. Under that section, a person can present the diminished capacity defense for other types of crimes, even for violent crimes.

The defense attorney will argue legal matters. But a person who is charged has a duty.

  • Has he done everything within his power to help the defense attorney understand why he committed the offense?
  • What type of background did he have?
  • What experiences did he have in school?
  • What influences led to his career?
  • How did he perceive his role in the community?
  • What people influenced him to make decisions along the way?

A defense attorney will not know all the details of a person’s life. The person must invest time and energy to explain.

Our team at Prison Professors does not imply that a judge arguing for diminished capacity in Federal Sentencing will spare a person prison time. We are saying that a person should learn.

If prosecutors charge a person with a federal crime, then it makes sense to learn about every strategy possible. If a person expects a judge to have mercy at sentencing, then the person should invest the time and energy to help the judge. Let the judge know every influence that led to his criminal behavior. Influences may not excuse the crime. But influences may help explain the crime. They may advance an argument for diminished capacity in Federal Sentencing.

At Prison Professors, we offer all types of free content for people. We want people to understand prosecution. We want them to understand the sentencing process. We want them to understand how they can prepare for a better outcome. Learn about the U.S. Federal Sentencing Guidelines. Learn about the Presentence Investigation Report. Learn about the prison system. Learn strategies to grow through a prison experience. Learn steps that lead toward a pathway of success.

If people want to pursue this path of using diminished capacity in federal sentencing, we encourage them to read all of the articles and posts on compliancemitigation.com. Subscribe to our channel on YouTube so you can receive notifications when we publish new content. It’s free. We strive to help people receive the best possible outcome.

Was this post helpful?

Let us know if you liked the post. That’s the only way we can improve.

Filed Under: Resilience

Compliance Mitigation Can Help You:

  • Free: Subscribe to our YouTube channel to access more than 800 videos that will help you understand more about the journey ahead. Learn strategies to succeed.
  • Free: Subscribe to our iTunes podcast to listen and learn while you drive or exercise.
  • Books: Buy books for $25 (shipping included) to learn from strategies that empowered me while I climbed through 26 years in prison, allowing me to succeed upon release (Get free digital book with any paperback purchase).
  • Courses: Enroll in our self-directed, digital courses that will help you build mitigation strategies that lead to best outcomes through judicial proceedings, sentencing, and prepare you for a successful journey through prison ($97 to $297).
  • Consulting: Collaborate with our team of mitigation experts to engineer a pathway that will help you ($400 per hour, fully refundable if you choose it’s not right for you. Learn more about our process).

Sign up to receive more information and tools.

 

Primary Sidebar

Risk Mitigation

Qualify for Non-Prosecution Agreements by showing the story of your company’s journey, and yours..

Mitigate Risk

Free Consultation

Our mitigation experts will help you engineer a strategy for success at any stage in your journey.

Book Now

Resources

Defrauding Investors

Learn about PSR

Mitigation Plan

Before Sentencing

Tactics to Succeed

Attorneys and Narratives

Non-Prosecution Agreements

Sentencing Guidelines

Aberrant Behavior

Diminished Capacity

Before Sentencing

Supervised Release

Digital Publishing

Medications in Prison

RDAP Program

Case Studies

Reputation Building

Branden Coluccio

Federal Judge

Sentencing Hearing

Training in Prison

Executive Summary: Investigations

Avoiding Prison

More on PSR

Early Release

Contributors

Lawrence Hartman

Dr. Al Dirschberger

Related Articles

Personal Narratives

Tactics for Success

Sentence Mitigation

Prepare Before Sentencing

Aberrant Behavior

Attorneys and Sentencing

More Posts from this Category

Blog

Our Most Recent Articles

  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • YouTube
Compliance Mitigation - Logo
Trustpilot
Prison Professors Story

Compliance Mitigation Story

See timeline that led to Compliance Mitigation and learn more about why you will grow stronger with the resources we provide

Learn More

Footer

Social

Follow along on social media.

  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

BUSINESS

Corporate Information
Business Model
W9 Blank PDF
Independent Contractor Agreement

Contact

Compliance Mitigation / Division of Earning Freedom
32565 Golden Lantern, Suite B1026
Dana Point, CA 92629
United States
Team@ComplianceMitigation.com

Earning Freedom Properties

Prison Professors
White Collar Advice
Michael Santos Personal

Navigation

  • Start
  • Testimonials
  • Store
  • Mitigation
  • Contributors
  • Contact

Newsletter

Stay up to date by subscribing to our newsletter.
Trustpilot

Copyright © 2023 · Compliance Mitigation (an Earning Freedom company) · Privacy Policy and Terms of Use