As part of our mission to help North Carolina’s public defense community understand forensic science evidence and achieve better outcomes for clients, the office of the Forensic Resource Counsel continues our efforts to make information related to forensic science evidence more easily accessible to attorneys through this website. In that vein, we are pleased to …
Mental Health
State v. Echols, 845 S.E.2d 208 (2020) (unpub)
Dr. Wilkie Wilson’s testimony on decedent’s behavior being consistent with methamphetamine intoxication violated Rule 702(a)(1), where he had not examined the decedent and based his opinion on witness statements and a medical report from 2014.
Forensic mental health evaluations during the COVID-19 pandemic
Several attorneys have asked about having in-custody clients evaluated for competency or purposes during the COVID-19 pandemic. I’ve talked with experts about their availability and many are available, if appropriate measures to ensure safety are in place during the mental health evaluation. There isn’t a one-size-fits-all approach to how to conduct these necessary evaluations, but …
Forensic mental health evaluations during the COVID-19 pandemicRead More
N.C. Gen. Stat. § 15A-2005. Intellectual disability; death sentence prohibited
N.C. Gen. Stat. § 15A-1001. No proceedings when defendant mentally incapacitated; exception
N.C. Gen. Stat. § 15A-1002. Determination of incapacity to proceed; evidence; temporary commitment; temporary orders
N.C. Gen. Stat. § 15A-1321 Automatic civil commitment of defendants found not guilty by reason of insanity
N.C. Gen. Stat. § 15A-959. Notice of defense of insanity; pretrial determination of insanity
Voluntary Intoxication, Diminished Capacity, and Automatism
This PowerPoint presentation created by Lisa Miles provides helpful tips for North Carolina attorneys regarding the voluntary intoxication, diminished capacity or automatism defense
Voluntary Intoxication, Diminished Capacity, and AutomatismRead More
UNC School of Government Blog: Diminished Capacity
Jeff Welty discusses the increasing use of diminished capacity defenses in North Carolina. Post provides helpful cites of recent North Carolina cases in which the diminished capacity defense was used.
North Carolina General Statutes Chapter 122C – Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985
North Carolina statutes on Mental Health defenses.
American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (DSM)
Published by the American Psychiatric Association, the DSM* uses standard language and criteria for the classification of mental disorders and is relied upon by clinicians and researchers to diagnose and classify mental disorders. *Since its initial publication the DSM has been updated seven times. The most current version, updated in 2013, is the 5th edition …