Administration of Justice Bulletin

The Diminished Capacity Defense

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. The paper discusses the following subjects: (1) the nature of the defense recognized in North Carolina; (2) the applicability of the defense to different offenses; (3) evidentiary problems in raising the defense; (4) the defendant's burden of presenting evidence; (5) the prosecution's burden of persuasion; and (6) jury instructions.

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