North CarolinaNorth Carolina



Competency/ Insanity


No person may be tried, convicted, sentenced, or punished for a crime when by reason of mental illness or defect he is unable to understand the nature and object of the proceedings against him, to comprehend his own situation in reference to the proceedings, or to assist in his defense in a rational or reasonable manner. This condition is hereinafter referred to as "incapacity to proceed." N.C. Gen. Stat. § 15A-100

Procedure for competency hearing, evaluation, restoration, dismissal of charges if competency cannot be restored.  N.C. Gen. Stat. §§ 15A-1002 through 15A-1008


Special Rules

Witnesses: A person with a developmental disability or a person with mental retardation who is competent to testify may testify by remote testimony in a prosecution of a person charged with violating a criminal law of this State if the court determines by clear and convincing evidence that the witness would suffer serious emotional distress from testifying in the presence of the defendant and that the ability of the witness to communicate with the trier of fact would be impaired by testifying in the presence of the defendant; there must be a hearing and fact finding by the court.  N.C. Gen. Stat. § 15A-1225.2



Death Penalty