North Carolina Jury Instructions - Defendant's Failure to Testify
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FAQ
Unlike probable cause, which requires a higher level of hard evidence, reasonable suspicion is a lower standard that allows law enforcement officers to briefly detain an individual or conduct a limited search for the purpose of further investigating potential illegal activity.
Verbiage in particular for North Carolina is as follows: ?A reasonable doubt is a doubt based on reason and common sense, arising out of some or all of the evidence that has been presented, or lack or insufficiency of the evidence, as the case may be.
No one can be convicted of a crime in North Carolina unless the prosecution can prove that they are guilty beyond a reasonable doubt. The term ?beyond a reasonable doubt? implies that any reasonable person would have no doubt left in their mind about a person's guilt.
If you don't go to court when you are supposed to, the judge can charge you with contempt of court and issue a warrant for your arrest. Ask the lawyer who subpoenaed you if you are eligible to apply for witness expense assistance.
All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by the Constitution of North Carolina, by Act of Congress, by Act of the General Assembly or by these rules. Evidence which is not relevant is not admissible.
The opening statement provides the first impression of the case and shapes the impressions of the jury. An opening statement forecasts to the jury the evidence they will see and hear during the trial?it allows the jury to know what to expect and to be able to understand the evidence when it is presented.
(a) Right to Jury Trial. ? In all criminal cases the defendant has the right to be tried by a jury of 12 whose verdict must be unanimous. In the district court the judge is the finder of fact in criminal cases, but the defendant has the right to appeal for trial de novo in superior court as provided in G.S. 15A-1431.
Reasonable doubt exists when you are not firmly convinced of the Defendant's guilt, after you have weighed and considered all the evidence. A Defendant must not be convicted on suspicion or speculation. It is not enough for the State to show that the Defendant is probably guilty.
