This is a multi-state form covering the subject matter of the title.
Demand For Trial By Jury In North Carolina
State:
Multi-State
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Control #:
US-000291
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Word;
Rich Text
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FAQ
Article I, section 24 of the N.C. Constitution establishes a defendant's state constitutional right to a jury trial.
(b) Waiver of Right to Jury Trial. - A defendant accused of any criminal offense for which the State is not seeking a sentence of death in superior court may, knowingly and voluntarily, in writing or on the record in the court and with the consent of the trial judge, waive the right to trial by jury.
The North Carolina Constitution historically mandated trial by jury in all criminal cases in superior court. See N.C. Const. Art. I, Section 24 (2014) (“No person shall be convicted of any crime but by the unanimous verdict of a jury in open court.
Generally, you must contact the clerk of superior court office or the chief district court judge's office if you want to be excused or defer your jury service. You must have a compelling reason why you cannot serve on the assigned date.
Trials in District Court are always held before a judge, while trials in Superior Court are usually held before a jury, though this right can be waived. Misdemeanors and infractions, as well as juvenile matters, are typically prosecuted in District Court, while felonies are typically prosecuted in Superior Court.
At least every two years, a three-person Jury Commission for each county oversees the compiling of a master jury list of licensed drivers and / or registered voters. Names are drawn at random from this list. A jury summons is printed and issued to jurors by U.S. mail.
Felonies, being the more serious category of crime, almost always qualify for a jury trial due to the potential for severe penalties, including lengthy prison sentences. Misdemeanors, while still serious, often carry less severe punishments and, as a result, may not always necessitate a jury trial.
Superior Court Division Unlike the appellate division that decides only questions of law when a party appeals a case, the Superior and District Court divisions are the trial court divisions that hold trials, and empanel juries to determine the facts of cases.
During a trial, both sides present their case before a judge or jury, starting with opening statements that outline each party's theory of the case. This is followed by the presentation of evidence, including witness testimony and exhibits, with opportunities for cross-examination.
