North DakotaNorth Dakota



Comptency/ Insanity 


No person who, as a result of mental disease or defect, lacks capacity to understand the proceedings against the person or to assist in the person's own defense shall be tried, convicted, or sentenced for the commission of an offense so long as such incapacity endures. NDCC 12.1-04-04

Procedure for finding a defendant incompetent to stand trial, competency restoration, and what happens if competency cannot be restored.  NDCC 12.1-04-05- 12.1-04-08



Special Rules

Witnesses: A person with a developmental disability who is a material or prosecuting witness in a criminal proceeding involving a sex offense may, at the discretion of the district court, have the witness' interests represented by a guardian ad litem at all stages of the proceedings arising from the violation. NDCC 12.1-20-16

Trial length: In a criminal proceeding in which a disabled adult or vulnerable elderly adult is a victim, the court and state's attorney must take appropriate action to ensure a speedy trial to minimize the length of time the victim must endure the stress of involvement in the proceedings. NDCC 12.1-31-07.2


Death Penalty 

North Dakota does not have the death penalty.