North Carolina Insanity - Form of Verdict

State:
Multi-State
Control #:
US-00884
Format:
Word; 
Rich Text
Instant download

Description

Sample Jury Instruction - This sample jury instruction asks the jury to find the Defendant not guilty by reason of insanity.

How to fill out Insanity - Form Of Verdict?

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FAQ

NEW YORK: M'Naghten Rule (modified), burden of proof on defendant. NORTH CAROLINA: The state uses the M'Naghten Rule. The burden of proof is on the defendant.

The jury is the fact-finder, but it is left to "find" facts only from the evidence which is legally admissible. The judge instructs the jury on the legal principles or rules that must be followed in weighing the facts. If the jury finds the accused guilty or liable, it is up to the judge to sentence the defendant.

Ing to these laws, if a jury is unable to reach a unanimous verdict and cannot be swayed after additional deliberation, the judge will declare a mistrial and set a new trial date. It is also during this time where the prosecutor decides what to do next (see next section).

The verdict in a criminal case must be unanimously decided, meaning every single one of the jurors must agree with a finding of guilty or not guilty. If even one juror disagrees with the outcome, there can be no final judgment in the case. When a finding is not unanimous, this is referred to as a hung jury.

In any trial the judge is the ultimate decision maker and has the power to overturn a jury verdict if there is insufficient evidence to support that verdict or if the decision granted inadequate compensatory damages.

The U.S. Constitution authorizes the civil jury to decide facts without reexamination by any court. However, there are situations where a judge can overturn the jury's verdict as a matter of law. The judge has the power to ensure the jury trial and the outcome are fair and impartial.

Judges in federal courts, from district courts up to the U.S. Supreme Court, have the final say on issues that have an effect on the lives of every American, including basic civil rights, religious freedoms, voting rights, affirmative action, and in some cases, life or death.

The Insanity Defense in North Carolina may ultimately result in institutionalization in a Mental Health Facility. If someone is found ?not guilty by reason of insanity,? this does not mean they are allowed to go free.

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North Carolina Insanity - Form of Verdict