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Jan 15, 2013 · Diminished capacity, first recognized in the case of State v. Shank, 322 N.C. 243 (1988), negates specific intent, typically on the basis that the defendant was severely intoxicated and/or suffered from some mental defect that rendered him unable to form the requisite intent.
- The Diminished Capacity Defense | UNC School of Government
The Diminished Capacity Defense. John Rubin. Tuesday,...
- The Diminished Capacity Defense | UNC School of Government
The Diminished Capacity Defense. John Rubin. Tuesday, September 1, 1992. This paper is intended to serve as a reference source on the major issues that have arisen in diminished capacity cases in North Carolina.
- When Defendant Is Found Capable of Proceeding
- When Defendant Is Found Incapable of Proceeding
- Administration of Drugs to Render Defendant Competent to Stand Trial
Ask defendant’s attorney if he or she contests the report from the Central Regional Hospital, mental health center, or private mental health expert?If the defense does not contest the report, ask defendant’s attorney to stipulate to the introduction of the report without the testimony of the medical expert(s).Schedule a hearing for the court to make a finding that defendant has the capacity to proceed. If the defendant’s attorney agrees to the introduction of the evaluation report at the hearing:Parties are permitted to stipulate that a defendant has capacity to proceed, but they may not stipulate that the defendant lacks capacity to proceed – only the court can make that finding. G.S. 15A-1002(b1). When the defendant is found incapable of proceeding, see generally G.S. 15A-1003 through 15A-1008 and G.S. 122C-261. Once a defendant is found...
The U.S. Supreme Court has held that, under certain circumstances, it is permissible to forcibly medicate a defendant in order to restore capacity to proceed. SeeSell v. United States, 539 U.S. 166 (2003). The Court ruled in Sell that the government may involuntarily administer antipsychotic drugs to render a mentally ill defendant competent to sta...
A helpful tool is the “Guardianship Capacity Assessment Chart.” Tips to Optimize Capacity Rebecca C. Morgan, in her article Clients with Diminished Capacity , 16 Journal of the American Academy of Matrimonial Lawyers 463 (2000), suggests ways a lawyer might optimize capacity and stresses that capacity
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Jun 24, 2020 · Discusses the nature of the diminished capacity defense as it is recognized in North Carolina, how the defense applies to various offenses, evidentiary problems that can arise when the defense is raised, the defendant’s burden of presenting evidence, the prosecution’s burden of persuasion, and jury instructions.
Dec 1, 2023 · The defendant must have capacity to proceed in order to be prosecuted. If defendant lacks capacity to proceed and capacity cannot be restored then the criminal charges must be dismissed, but the defendant may still be subject to civil commitment.
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This section discusses the standards and procedures related to challenges to a defendant’s capacity to proceed to trial. It covers, among other things, standards for assessing capacity, expert capacity examinations, hearings on capacity, and involuntary commitment procedures after an order of incapacity.
