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Name: The Diminished Capacity Defense, by John Rubin, September 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 inNorth 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.
Link to free, online version in PDF format.
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