The   lack of mental competence  can be broken down into two categories that   have relevance to criminal  culpability. The categories are competency  and sanity. Competency is a  legal question that entails the ability to   understand the nature of the  charges and the ability to assist in a   defense. The issue of sanity  focuses on the state of mind the accused   possessed at the time the act  was committed It is in the nature of an   affirmative defense to raise the  issue of whether or not the accused   possessed the required criminal  mental state at the time the act was   committed. Unlike competence,  insanity is a question of fact for a  jury  to determine. The consequence  of an insanity finding is generally  a  civil commitment to the least  restrictive alternative (for example,   mental hospital and treatment  facility) until the court finds the   person is no longer a danger to  himself or others.


The State for this assignment will be North Carolina:

  • Describe the test for insanity in your state, citing statutory or case law.
  • Explain which party bears the burden of proof in your state once the defendant introduces some evidence of insanity.
  • Analyze whether you think the test in your state adequately protects the public and the defendant’s rights.
  • Evaluate the importance of understanding the procedural and substantive facets of the defense.

Additional Instructions:

Create    a 1 page essay in APA format according to the instructions above. Use  2   scholarly sources for references; whereas, 1 source will be  provided   for you. Be sure to use in-text citations.

Source to use:  

Schmalleger, F., Hall, D. E. (2017). Criminal Law Today, 6th Edition

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