The key issue concerning whether a defendant is NCRMD is whether he or she currently has a mental illness.

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The key issue concerning whether a defendant is Not Criminally Responsible on account of Mental Disorder (NCRMD) is whether they had a mental disorder at the time of the crime that made them incapable of appreciating the nature and quality of the act or knowing that it was wrong, not whether they currently have a mental illness.

The Key Issue Concerning Whether a Defendant Is NCRMD Is