Articles Tagged with Criminal Responsibility

North Carolina insanity defense and capacity to proceed cases force courts to answer two substantially different questions about mental illness, criminal responsibility, and the power of the State. Evidence may come from the same medical records, witness statements, discovery materials, symptomology, or a prior diagnosis by a treating physician. The legal inquiries are nonetheless separate. They focus on different periods, protect different legal interests, and can produce different consequences.

During the last five years, Powers Law Firm has represented a fair number of clients in very serious criminal cases in which mental illness was not a collateral consideration. It affected whether the State could prosecute the case, whether the client could participate meaningfully in the defense, or whether the law could hold the client criminally responsible for conduct committed during a profound mental disturbance. Some cases resulted in findings of not guilty by reason of insanity and dismissal of charges. Others required proceedings concerning capacity to proceed.

Capacity to Proceed vs. Not Guilty by Reason of Insanity in North Carolina