v.

減少する

関: decline、decrease、diminution、down-regulate、down-regulation、downregulate、downregulation、fall、loss、reduce、reduction

WordNet

lessen the authority, dignity, or reputation of; "dont belittle your colleagues" (同)belittle
yield to temptation or sin; "Adam and Eve fell"
the season when the leaves fall from the trees; "in the fall of 1973" (同)autumn
come as if by falling; "Night fell"; "Silence fell" (同)descend, settle
be born, used chiefly of lambs; "The lambs fell in the afternoon"
begin vigorously; "The prisoners fell to work right away"
go as if by falling; "Grief fell from our hearts"
occur at a specified time or place; "Christmas falls on a Monday this year"; "The accent falls on the first syllable"
pass suddenly and passively into a state of body or mind; "fall into a trap"; "She fell ill"; "They fell out of favor"; "Fall in love"; "fall asleep"; "fall prey to an imposter"; "fall into a strange way of thinking"; "she fell to pieces after she lost her work"
a lapse into sin; a loss of innocence or of chastity; "a fall from virtue"
a sudden decline in strength or number or importance; "the fall of the House of Hapsburg" (同)downfall
when a wrestlers shoulders are forced to the mat (同)pin
a movement downward; "the rise and fall of the tides"
come under, be classified or included; "fall into a category"; "This comes under a new heading" (同)come
lose an upright position suddenly; "The vase fell over and the water spilled onto the table"; "Her hair fell across her forehead" (同)fall down
fall to somebody by assignment or lot; "The task fell to me"; "It fell to me to notify the parents of the victims" (同)light
be inherited by; "The estate fell to my sister"; "The land returned to the family"; "The estate devolved to an heir that everybody had assumed to be dead" (同)return, pass, devolve
touch or seem as if touching visually or audibly; "Light fell on her face"; "The sun shone on the fields"; "The light struck the golden necklace"; "A strange sound struck my ears" (同)shine, strike
assume a disappointed or sad expression; "Her face fell when she heard that she would be laid off"; "his crest fell"
be captured; "The cities fell to the enemy"
be cast down; "his eyes fell"
be due; "payments fall on the 1st of the month"
come out; issue; "silly phrases fell from her mouth"
descend in free fall under the influence of gravity; "The branch fell from the tree"; "The unfortunate hiker fell into a crevasse"
die, as in battle or in a hunt; "Many soldiers fell at Verdun"; "Several deer have fallen to the same gun"; "The shooting victim fell dead"
drop oneself to a lower or less erect position; "She fell back in her chair"; "He fell to his knees"
lose office or power; "The government fell overnight"; "The Qing Dynasty fell with Sun Yat-sen"
lose ones chastity; "a fallen woman"
move in a specified direction; "The line of men fall forward"
slope downward; "The hills around here fall towards the ocean"
suffer defeat, failure, or ruin; "We must stand or fall"; "fall by the wayside"
to be given by assignment or distribution; "The most difficult task fell on the youngest member of the team"; "The onus fell on us"; "The pressure to succeed fell on the youngest student"
to be given by right or inheritance; "The estate fell to the oldest daughter"
undergo meiosis; "The cells reduce"
cook until very little liquid is left; "The cook reduced the sauce by boiling it for a long time" (同)boil_down, concentrate
be the essential element; "The proposal boils down to a compromise" (同)come_down, boil_down
take off weight (同)melt off, lose weight, slim, slenderize, thin, slim down
make smaller; "reduce an image" (同)scale_down
narrow or limit; "reduce the influx of foreigners" (同)tighten
make less complex; "reduce a problem to a single question"
cut down on; make a reduction in; "reduce your daily fat intake"; "The employer wants to cut back health benefits" (同)cut_down, cut_back, trim, trim down, trim back, cut, bring_down
bring to humbler or weaker state or condition; "He reduced the population to slavery"
destress and thus weaken a sound when pronouncing it
lessen and make more modest; "reduce ones standard of living"
lower in grade or rank or force somebody into an undignified situation; "She reduced her niece to a servant"
reposition (a broken bone after surgery) back to its normal site
simplify the form of a mathematical equation of expression by substituting one term for another
make smaller; "He decreased his staff" (同)lessen, minify
a process of becoming smaller or shorter (同)decrement
decrease in size, extent, or range; "The amount of homework decreased towards the end of the semester"; "The cabin pressure fell dramatically"; "her weight fell to under a hundred pounds"; "his voice fell to a whisper" (同)diminish, lessen, fall
the amount by which something decreases (同)decrement
the act of decreasing or reducing something (同)diminution, reduction, step-down
a change downward; "there was a decrease in his temperature as the fever subsided"; "there was a sharp drop-off in sales" (同)lessening, drop-off
the amount by which the cost of a business exceeds its revenue; "the company operated at a loss last year"; "the company operated in the red last year" (同)red ink, red
gradual decline in amount or activity; "weight loss"; "a serious loss of business"
something that is lost; "the car was a total loss"; "loss of livestock left the rancher bankrupt"
the disadvantage that results from losing something; "his loss of credibility led to his resignation"; "losing him is no great deprivation" (同)deprivation
the act of losing someone or something; "everyone expected him to win so his loss was a shock"
the experience of losing a loved one; "he sympathized on the loss of their grandfather"
inflect for number, gender, case, etc., "in many languages, speakers decline nouns, pronouns, and adjectives"
a condition inferior to an earlier condition; a gradual falling off from a better state (同)declination
change toward something smaller or lower (同)diminution
grow smaller; "Interest in the project waned" (同)go_down, wane
go down in value; "the stock market corrected"; "prices slumped" (同)slump, correct
go down; "The roof declines here"
any process in which electrons are added to an atom or ion (as by removing oxygen or adding hydrogen); always occurs accompanied by oxidation of the reducing agent (同)reducing
the act of reducing complexity (同)simplification
a law affirming that to continue after a certain level of performance has been reached will result in a decline in effectiveness
not lessened or diminished; "unrelieved suffering" (同)unrelieved
(of musical intervals) reduction by a semitone of any perfect or minor musical interval; "a diminished fifth"
impaired by diminution (同)lessened, vitiated, weakened
becoming smaller or less or appearing to do so; "diminishing returns"; "his diminishing respect for her"

PrepTutorEJDIC

…‘を'『小さくする』,『減らす』,少なくする / 〈音程〉‘を'半音狭くする / 『小さくなる』,減少する
《しばしば副詞[句]を伴って》『落下する』,落ちる / 〈人・物が〉『倒れる』《+『down』(『over』)》 / 傷ついて倒れる,倒れて死ぬ / (…まで)垂れ下がる,〈道などが〉下降する《+『to』+『名』》 / 〈目・顔などが〉下を向く,うつむく,沈む / 〈暗やみ・静けさなどが〉(…に)たれ込める;〈災害・責任・病気・眠けなどが〉(…に)降りかかる《+『on』(『upon, over』)+『名』》 / 〈程度・数量・値段などが〉(…まで)『下がる』,減少する《+『to』+『名』》 / 誘惑に負ける,墜落する / (勢力・威信・人望などを)失う《+『from』(『in』)+『名』》 / 〈政権などが〉倒れる,〈要塞などが〉陥落する;(…の手に)落ちる《+『to』+『名』》 / 『なる』,陥る / 〈時・事が〉(…に)当たる,起こる,(しかるべき位置に)来る《+『on』(『upon』)+『名』》 / 〈光線・視線などが〉(…に)向けられる《+『on』(『upon』)+『名』 / (…に)分かれる《+『into』+『名』》 / 〈言葉などが〉(…から)漏れる《+『from』》 / 〈C〉(…から)『落ちること』,落下《+『from』+『名』》;(…への)落下《+『to』(『toward』)+『名』》 / 〈C〉(雨・雪などの)降った量《+『of』+『名』》 / 《複数形で》《固有名詞としては単数扱い》滝 / 〈C〉(…から…までの)落差《+『from』+『名』+『to』+『名』》 / 〈C〉倒れること,転倒 / 〈C〉(程度・数量・値段などの)下落,減少,衰退《+『in』+『名』》 / 《単数形で》(…の)陥落,崩壊《+『of』+『名』》 / 〈U〉堕落 / 〈C〉傾斜
『秋』(autumn)
(あるところまで)〈数量など〉‘を'『減らす』,小さくする;〈程度・地位など〉‘を'『下げる』《+『名』+『to』+『名』》 / 《しばしば受動態で》(ある状態・形に)…‘を'『する,』変える,至らせる《+『名』+『to』+『名』(do『ing』)》 / (単純な要素・部分に)…‘を'分解する,還元する《+『名』+『to』+『名』》 / …‘を'(…に)換算する,約分する《+『名』+『to』+『名』》 / 《話》〈人が〉減量する / 〈数量などが〉減る;〈程度・位などが〉下がる
…'を'『減らす』 / 『減る』,少なくなる / 〈U〉〈C〉(…の)『減少』,縮小《+『in』+『名』》 / 〈C〉(…の)減少量(額)《+『in』(『of』)+『名』》
〈U〉(…を)『失うこと』,紛失《+『of』+『名』》 / 〈C〉(…の)『損害』,損失;損失額《+『of』+『名』》 / 〈U〉〈C〉(…に)『負けること』,(…の)敗北;失敗《+『of』+『名』》 / 〈U〉(状態・程度の)『減少』,低下 / 《複数形で》(戦場における)(人の)損害,此傷者数
(穏やかに,礼儀正しく)…'を'『断る』,拒絶する,拒否する / 〈名詞・代名詞・形容詞〉'を'語形変化させる / 『断る』,辞退する / 《文》〈土地などが〉『下に傾く』;〈太陽・月が〉傾く / 《文》『衰える』,衰徴する / 『衰徴』,衰弱
〈U〉〈C〉(…を)『減らすこと』,減少,縮小,格下げ,(…の)割り引き《+『in』+『名』》 / 〈C〉減少(縮小)した量;割引額 / 〈C〉縮図,縮写 / 〈U〉換算約分

Wikipedia preview

出典(authority):フリー百科事典『ウィキペディア（Wikipedia）』「2015/09/08 23:09:29」(JST)

wiki en

[Wiki en表示]

In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired. The defense's acceptance in American jurisdictions varies considerably. The majority of states have adopted it by statute or case decision, and a minority even recognise broader defenses such as 'irresistible impulse'. Some American states restrict the defense to the charge of murder only where a successful defense will result in a manslaughter conviction instead of murder. Until recently, the Republic of Ireland did not accept the partial defense. The Irish Supreme Court had rejected the existence of the defense in DPP v O'Mahony.^[1] The case was recently abrogated, however, by enactment of the Criminal Law (Insanity) Act 2006, effective June 1, 2006. The act, in pertinent part, specifically adopted the partial defense for the charge of murder where a successful defense will result in a manslaughter conviction instead of murder.

Diminished capacity is a partial defense to charges that require that the defendant act with a particular state of mind.^[2] For example, first degree murder requires that the state prove beyond a reasonable doubt that the defendant acted with premeditation, deliberation and the specific intent to kill - all three are necessary elements of the state's case.^[3] If evidence exists, sufficient to create a reasonable doubt as to whether the defendant because of mental illness or "defect" possessed the capacity to premeditate, deliberate or form the specific intent to kill then the state cannot convict the defendant of first degree murder.^[4] This does not mean that the defendant is entitled to an acquittal. The defendant still might be convicted of second degree murder which only requires that the defendant act with general malice.^[5] The defense is to be contrasted with insanity which is a complete but affirmative defense. In most jurisdictions a defendant would be acquitted on the grounds of insanity if the defendant established to the satisfaction of the jury that he suffered from such a mental disease or defect that he was unable to appreciate the consequences of his actions or did not know what he was doing was wrong.^[6] As noted a successful insanity defense will result in acquittal although a number of jurisdictions have adopted the guilty but insane verdict. The defense of insanity and diminished capacity although clearly distinct are not inconsistent defenses and both may be at issue in the same case.^[7] The critical distinctions are that diminished capacity is a partial, negating defense (negates an element of the state's case) with the burden on the state to show that the defendant acted with the requisite state of mind while insanity is a complete but affirmative defense - the defendant bearing the burden of proving that he was legally insane.

Discussion

This is an aspect of a more general insanity defense (see the M'Naghten Rules). The defense "was first recognized by Scottish common law to reduce the punishment of the 'partially insane'."^[8] It developed from the practice of juries in the 19th century of returning verdicts of guilty with a recommendation as to mercy or mitigation of sentence to reflect any extenuating circumstances. In a series of decisions, given mainly by Lord Deas, a doctrine grew that various types of mental weakness could have the effect of reducing what would otherwise be a conviction for murder (which attracted capital punishment) to one for culpable homicide (where the courts had greater discretion in sentencing). An example of a "diminished capacity" might be extremely low intelligence. In the English case of R v Raven,^[9] a man who had a physical age of 22 years but a mental age of only 9 years felt provoked by homosexual advances and killed his perceived attacker. His mental deficiency was not in dispute and, since a child of 9 years would not have been criminally responsible (see s50 Children and Young Persons Act 1933), and his mental responsibility for his acts was substantially impaired, manslaughter was the only realistic verdict. The rationale of the defense is that, as a precondition to punishment, the criminal law requires conduct to be voluntary. If something interferes with the capacity of the individual to choose to break the law, this should be reflected by an excuse or exculpation. The law should balance the need to be fair to the individual wrongdoer, but equally offer some protection to society from a person who may not have complete control over their behavior.

The effect of the defense varies between the jurisdictions. In some, it will result in full excuse and therefore produce a verdict of "not guilty". In others, it offers only exculpation to a degree, resulting in the substitution of a lesser offence (e.g., manslaughter instead of murder) or a mitigated sentence.

California was the first state in the U.S. to adopt the diminished capacity defense, beginning with People v. Wells^[10] and People v. Gorshen.^[11]^[12] The doctrine would soon be abolished by ballot initiative in 1982 following the negative publicity surrounding the case of Dan White, who had killed George Moscone and Harvey Milk. While White's defense team did argue successfully for a ruling of diminished capacity, resulting in a verdict of voluntary manslaughter rather than murder, an urban legend that the defense had blamed White's actions on the ingestion of sugar and junk food (the so-called "Twinkie defense") sprang up out of inaccurate media coverage.^[13]^[14] One participant in the debate over diminished capacity rulings waved a Twinkie in the air to make his point.^[13] Currently, the California Penal Code states (2002), "The defense of diminished capacity is hereby abolished ... there shall be no defense of diminished capacity, diminished responsibility, or irresistible impulse..."^[15]

English law

Scottish law

During the course of the 20th century the courts began to limit the mental conditions falling within diminished responsibility. In HM Advocate v Savage^[16] Lord Alness addressed the jury (at 51):

It is very difficult to it put in a phrase, but it has been put in this way: that there must be aberration or weakness of mind; that there must be some form of mental unsoundness; that there must be a state of mind which is bordering on, though not amounting to, insanity; that there must be a mind so affected that responsibility is diminished from full responsibility to partial responsibility. In other words, the prisoner in question must be only partially accountable for his actions. And I think one can see running through the cases that there is implied ... that there must be some form of mental disease.

This statement became the authoritative version of the test for diminished responsibility and the various factors mentioned by Lord Alness were regarded as being cumulative in nature. The effect was that the test became difficult to satisfy, and the courts adopted the position that the scope of the plea was not to be further widened (e.g. Carraher v HM Advocate)^[17] held that the plea was not available to a person suffering from psychopathic personality. But in Galbraith v HM Advocate^[18] it was held that the formula in Savage was not to be read in a narrow sense, and it was not necessary that all the criteria in that formula had to be present. Furthermore, although the plea had to be based on some form of mental abnormality, that condition need not be one bordering on insanity. Instead the court ruled that diminished responsibility required the existence of an abnormality of mind which had the effect that the accused's ability to determine or control his actings was substantially impaired. However, the Court excluded from the scope of the plea:

any condition brought on by the consumption of drink or drugs, and
psychopathic personality disorder.

The Scottish Law Commission reported in 2004 proposing changes to the law on insanity and diminished responsibility.^[19]

Australia

At present, diminished responsibility exists as a statutory partial defence in most Australian jurisdictions. The defence is only available in cases of murder and serves to reduce the offence to manslaughter.^[20] In Australia it has been the subject of sentencing concerns specifically in relation to the weight attributed to protection of the community when sentencing offenders found guilty of manslaughter on the grounds of diminished responsibility^[21]

Notes

^ The People (DPP) v Joseph O' Mahony [1984] ILRM 244
^ See e.g., State v. Shank, 322 N.C. 243, 367 S.E.2d 639 (1988) and State v. Gerald, 304 N.C. 511, 284 S.E.2d 312, (1981)
^ State v. Shank, 322 N.C. 243, 367 S.E.2d 639 (1988)
^ See generally, Rubin, John (1989). "The Diminished Capacity Defense". Administration of Justice Bulletin (North Carolina School of Government).
^ Malice means that the defendant acted with one of three "man-endangering" states of mind: intent to kill, intent to inflict serious bodily injury or with a "depraved" heart. Although malice thus required a specific state of mind, courts have not considered this fact as making second degree murder a specific intent crime.
^ See e.g., State v. Silvers, 323 N.C. 646, 655, 374 S.E.2d 858, 864 (1989)
^ See e.g., State v. Rose, 323 N.C. 455, 373 S.E.2d 426 (1988)
^ Arenella, Peter (October 1977). "The Diminished Capacity and Diminished Responsibility Defenses: Two Children of a Doomed Marriage". Columbia Law Review 77 (6): 830. JSTOR 112198.
^ R v Raven (1982) Crim. LR 51
^ People v. Wells 202 P.2d 53 (1949)
^ People v. Gorshen 336 P.2d 492 (1959)
^ [1]
^ ^a ^b Pogash, Carol (2003-11-23). "Myth of the 'Twinkie defense': The verdict in the Dan White case wasn't based on his ingestion of junk food". San Francisco Chronicle. Retrieved 2007-08-10.
^ "The Twinkie Defense". Snopes.com. 30 October 1999.
^ California Penal Code, California State Legislature, sec. 25a, 28b, retrieved 2015-02-22
^ HM Advocate v Savage (1923) JC 49
^ Carraher v HM Advocate (1946) JC 108
^ Galbraith v HM Advocate (2002) JC 1
^ "Report on Insanity and Diminished Responsibility" (PDF). Scottish Law Commission. July 2004.
^ "Partial Defences to Murder: Overseas Studies" (PDF). Law Commission (England and Wales). 2003. Consultation Paper No 173, Appendix A. Archived from the original (PDF) on 10 January 2006.
^ Veen (No 2) (1988) 77 ALR 385 AustLII

References

Boland, F, Diminished Responsibility as a Defence in Irish Law, (1995) 5 Irish Criminal Law Journal 193.
Boland, F, Diminished Responsibility as a Defence in Irish Law: Past English Mistakes and Future Irish Directions, (1996) 5 Irish Criminal Law Journal 19.
Butler Committee (1975) The Butler Committee on Mentally Abnormal Offenders (London: HMSO) Cmnd 6244.
Dell, S, Diminished Responsibility Reconsidered, (1982) CLR 809.
Griew, E, Reducing Murder to Manslaughter: Whose Job? (1986) 12 Journal of Medical Ethics 18.
Griew, E, The Future of Diminished Responsibility, (1988) CLR 75.
Scottish Law Commission. Discussion Paper on Insanity and Diminished Responsibility. Discussion Paper No 122. (2003) [2]
Whelan, D, Mental Health Law and Practice: Civil and Criminal Aspects (Dublin: Thomson Round Hall, 2009)

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Related Pictures

★リンクテーブル★

リンク元	「decrease」「reduce」「reduction」「decline」「downregulation」
拡張検索	「diminished vision」「undiminished」

「decrease」

　　[★]

vt.vi.

減少する/させる。縮小する/させる。(力・温度など)低下する/させる、衰える/衰えさせる

n.

減少、縮小、低下。減少/縮小/低下の数/量/額/率/度合い

関: decline、depression、diminish、diminution、down-regulate、down-regulation、downregulate、downregulation、drop、fall、lessen、loss、lower、lowering、reduce、reduction、taper

「reduce」

　　[★]

vt.

減少させる、縮小させる、減らす、(化学)還元する

vi.

(細胞などが)縮小する

関: decline、decrease、diminish、diminution、down-regulate、down-regulation、downregulate、downregulation、fall、lessen、loss、reduction、taper

「reduction」

　　[★]

n.

減少、低下、縮小、減力、節減、(化学)還元

関: decline、decrease、depression、diminish、diminution、down-regulate、down-regulation、downregulate、downregulation、drop、fall、hypoergy、loss、lower、lowering、parsimony、reduce、retrenchment

「decline」

　　[★]

n.

減退、減少、低下、衰え

v.

低下する、減退する

関: decrease、depression、diminish、diminution、down-regulate、down-regulation、downregulate、downregulation、drop、fall、loss、lower、lowering、reduce、reduction

「downregulation」

　　[★]

n.

下方制御、下向き調節、発現低下、(発現量などの)減少、ダウンレギュレーション

関: decline、decrease、diminish、diminution、down-regulate、down-regulation、downmodulation、downregulate、fall、loss、receptor down-regulation、reduce、reduction

「diminished vision」

　　[★]

弱視

関: amblyopia、amblyopic、lazy eye、low vision、reduced vision

「undiminished」

　　[★]

adj.

無減衰の、無減少の

[1] The People (DPP) v Joseph O' Mahony [1984] ILRM 244

[2] See e.g., State v. Shank, 322 N.C. 243, 367 S.E.2d 639 (1988) and State v. Gerald, 304 N.C. 511, 284 S.E.2d 312, (1981)

[3] State v. Shank, 322 N.C. 243, 367 S.E.2d 639 (1988)

[4] See generally, Rubin, John (1989). "The Diminished Capacity Defense". Administration of Justice Bulletin (North Carolina School of Government).

[5] Malice means that the defendant acted with one of three "man-endangering" states of mind: intent to kill, intent to inflict serious bodily injury or with a "depraved" heart. Although malice thus required a specific state of mind, courts have not considered this fact as making second degree murder a specific intent crime.

[6] See e.g., State v. Silvers, 323 N.C. 646, 655, 374 S.E.2d 858, 864 (1989)

[7] See e.g., State v. Rose, 323 N.C. 455, 373 S.E.2d 426 (1988)

[8] Arenella, Peter (October 1977). "The Diminished Capacity and Diminished Responsibility Defenses: Two Children of a Doomed Marriage". Columbia Law Review 77 (6): 830. JSTOR 112198.

[9] R v Raven (1982) Crim. LR 51

[10] People v. Wells 202 P.2d 53 (1949)

[11] People v. Gorshen 336 P.2d 492 (1959)

[12] [1]

[Myth-13] Pogash, Carol (2003-11-23). "Myth of the 'Twinkie defense': The verdict in the Dan White case wasn't based on his ingestion of junk food". San Francisco Chronicle. Retrieved 2007-08-10.

[14] "The Twinkie Defense". Snopes.com. 30 October 1999.

[15] California Penal Code, California State Legislature, sec. 25a, 28b, retrieved 2015-02-22

[16] HM Advocate v Savage (1923) JC 49

[17] Carraher v HM Advocate (1946) JC 108

[18] Galbraith v HM Advocate (2002) JC 1

[19] "Report on Insanity and Diminished Responsibility" (PDF). Scottish Law Commission. July 2004.

[20] "Partial Defences to Murder: Overseas Studies" (PDF). Law Commission (England and Wales). 2003. Consultation Paper No 173, Appendix A. Archived from the original (PDF) on 10 January 2006.

[21] Veen (No 2) (1988) 77 ALR 385 AustLII

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diminish