North Carolina § 15A-1001 - No proceedings when defendant mentally incapacitated; exception.

§ 15A-1001. No proceedings when defendant mentally incapacitated; exception.

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." This section does not prevent the court from going forward with any motions which can be handled by counsel without the assistance of the defendant. History (1973, c. 1286, s. 1.) Legal Periodicals. - For article, "Review of the Presentence Diagnostic Study Procedure in North Carolina," see 8 N.C. Cent. L.J. 17 (1976). For survey of 1979 criminal law, see 58 N.C.L. Rev. 1350 (1980). For note, "State v. Gravette: Is There Justice for Incompetent Defendants in North Carolina?," see 69 N.C.L. Rev. 1484 (1991). For comment, "Criminal Defendants Deemed Incapable to Proceed to Trial: An Evaluation of North Carolina's Statutory Scheme," see 26 Campbell L. Rev. 41 (2004). For article, "You're Only as 'Free to Leave' as You Feel: Police Encounters with Juveniles and the Trouble with Differential Standards for Investigatory Stops Under In re I.R.T," see 88 N.C.L. Rev. 1389 (2010). For comment, "Out of Sight, Out of Mind: Indefinite Confinement and the Unconstitutional Treatment of North Carolinians with Mental Retardation," see 35 Campbell L. Rev. 257 (2013). For article, "Impunity for the Incorrigible Psychopath?: Neurobiological Abnormalities Do Not Exempt Psychopaths from Criminal Responsibility," see 7 Charlotte L. Rev. 239 (2016).