North Carolina Reasonable Doubt by Single Juror
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FAQ
The burden of proving guilt beyond a reasonable doubt falls entirely on the prosecution. They must present strong and convincing evidence that leaves no room for any reasonable alternative explanations.
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.
The geographical impact of Monday's decision is limited to Louisiana and Oregon ? the only two states that have allowed non-unanimous jury verdicts in recent years.
North Carolina is one of 48 states that also requires that any jury verdict be unanimous. Only Louisiana and Oregon allow convictions by a non-unanimous vote (but only for crimes not punishable by the death penalty).
All requests for excuse from jury service must be in writing. Excuse requests cannot be made over the phone or by e-mail. Requests for any reason should be made as soon as possible, and in any event, at least five days before the reporting date.
In order to meet the probable cause standard, an application for a warrant must include, in detail, the facts and allegations, ?particularly describing the place to be searched, and the persons or things to be seized.?
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.
If even one member of the jury panel disagrees with the rest, the jury is hung, and the defendant retains the presumption of innocence. A ?hung jury? results in either: a mistrial (which means there may be a retrial with a new jury), a plea bargain to a reduced charge that carries a lesser sentence, or.
Having the ?burden of proof? means it is one parties' responsibility to prove his case; it is not the other party's responsibility to disprove the claimant's case. In NC injury law, as in most civil cases in America, the plaintiff (that's the person who says he was injured by the other guy) has the burden of proof.
If a jury is unable to reach a unanimous verdict and results in a hung jury, the case may be retried with a new jury. If the second jury is also unable to reach a verdict, the judge may declare a mistrial.
