What is the difference between a defense of insanity and a diminished capacity defense?

In North Carolina, the defense of insanity and the diminished capacity defense are two legal defenses that may be used in court for certain drug crimes. The defense of insanity is an argument that the person accused of the crime was not responsible for their actions due to mental illness or other mental incapacity. For this defense to be successful, the accused must prove that they could not understand the difference between right and wrong at the time of the offense. The diminished capacity defense does not rely on lack of understanding or mental illness. The defense instead argues that the accused may have committed the crime, but their actions were not taken with the same level of intent as a “normal” person. For example, if an accused person was under the influence of drugs or alcohol at the time of the offense, they may have a diminished capacity defense. While both defenses can be used in certain drug crime cases in North Carolina, the difference is that the diminished capacity defense does not rely on a lack of understanding due to mental illness, while the insanity defense does.

Related FAQs

What is the difference between a jail sentence and a prison sentence?
What is possession of a controlled substance?
What is the difference between a plea bargain and a plea agreement?
What is the exclusionary rule?
What evidence is used to prove a drug crime?
What is the difference between an unlawful search and a warrant?
What is the difference between a drug and a pharmaceutical?
What is a drug exclusion zone?
What is the difference between a plea agreement and a plea bargain?
What is distribution of a controlled substance?

What is the difference between a defense of insanity and a diminished capacity defense?

Related FAQs

Related Blog Posts