A 1993 memorandum by John Rubin, Professor of Public Law and Government at UNC School of Government on the voluntary intoxication defense, its history, elements of the defense, applicability to different offenses, and evidentiary issues.
Resources
The Diminished Capacity Defense
John Rubin, UNC School of Government (Sept. 1992). ADMINISTRATION OF JUSTICE MEMORANDUM No. 92/01. 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 …
Criminal Law – Expert Testimony on Bite Marks
A law review article on State v. Temple, 302 N.C. 1 (1981) where the NC Supreme Court held that testimony regarding bite marks identification analysis is admissible as long as the trial court can verify the scientific methods used were accurate and reliable. Includes a summary of the case, background, and an analysis of the …