In mounting a diminished capacity or voluntary intoxication defense in a first-degree murder case, the defense attempts to “negate” the element of specific intent, premeditation, or deliberation. To negate in this context means to raise a reasonable doubt about a mental element required for conviction. The diminished capacity defense involves negation through evidence of a mental disorder or emotional disturbance, whereas the voluntary intoxication defense involves negation through evidence...
NC Criminal Law
on Wednesday, December 10th, 2025
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The core purpose of the Rules of Evidence is to achieve fairness, efficiency, and justice by ensuring that only relevant and reliable evidence is considered by the finder of fact. G.S. 8C-102(a).
If the elements of the offense were committed in more than one county, each county in which an element of the crime was committed has concurrent venue. See G.S. 15A-132(a).
If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
The court may take judicial notice of adjudicative facts that are not subject to any reasonable dispute if the facts are common knowledge in the jurisdiction or can be easily determined by reference to reliable sources.
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