Diminished Capacity (Policy Statement)

A downward departure may be warranted if (1) the defendant committed the offense while suffering from a significantly reduced mental capacity; and (2) the significantly reduced mental capacity contributed substantially to the commis- sion of the offense. Similarly, if a departure is warranted under this policy state- ment, the extent of the departure should reflect the extent to which the reduced mental capacity contributed to the commission of the offense. However, the court may not depart below the applicable guideline range if (1) the significantly reduced mental capacity was caused by the voluntary use of drugs or other intoxicants; (2) the facts and circumstances of the defendant’s offense indicate a need to protect the public because the offense involved actual violence or a serious threat of violence; (3) the defendant’s criminal history in- dicates a need to incarcerate the defendant to protect the public; or (4) the de- fendant has been convicted of an offense under chapter 71, 109A, 110, or 117, of title 18, United States Code. Application Note: 1. For purposes of this policy statement— Commentary “Significantly reduced mental capacity” means the defendant, although convicted, has a sig- nificantly impaired ability to (A) understand the wrongfulness of the behavior comprising the offense or to exercise the power of reason; or (B) control behavior that the defendant knows is wrongful. Guidelines Manual (November 1, 2024) ║ 491 §5K2.14 Background: Section 401(b)(5) of Public Law 108–21 directly amended this policy statement to add subdivision (4), effective April 30, 2003. Historical Note Effective November 1, 1987. Amended effective November 1, 1998 (amendment 583); April 30, 2003 (amend- ment 649); October 27, 2003 (amendment 651); November 1, 2004 (amendment 674).