North Carolina Instruction to Jury in a Paternity Case that the Amount of Support is not a Question for the Jury

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If a question of paternity of a child is raised, the parties have a right to submit that question to a jury for determination. Therefore, the issue is whether or not defendant is the father of this child. The question of the amount of support for the child or the mother is not for the jury's consideration.

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FAQ

The Seventh Amendment ?preserve[s]? the jury trial right ?in Suits at common law, where the value in controversy shall exceed twenty dollars.? In late eighteenth-century England, with very rare exception, juries in ?common law? courts decided who won and how much money would be received for the damage that the party ...

Selection / Eligibility 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.

(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.

The right to a jury trial is a way to prevent government oppression by having impartial ?peers? decide the fate of an accused. It safeguards against heavy-handed and unfair prosecution as well as judges that may have bias.

Louisiana, 391 U.S. 145, 149 (1968) (noting the Article III provision but grounding the analysis of whether the jury trial right applies in state court in the Sixth and Fourteenth Amendments; we hold that the Fourteenth Amendment guarantees a right of jury trial in all criminal cases which?were they to be tried in a ...

(2) The State is allowed six challenges for each defendant. (c) Each party is entitled to one peremptory challenge for each alternate juror in addition to any unused challenges.

Our state constitution confers a right to a jury trial for all crimes, not just serious ones. There are two exceptions to the jury trial right. First, the General Assembly has provided for the initial trial of misdemeanors without a jury in district court.

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North Carolina Instruction to Jury in a Paternity Case that the Amount of Support is not a Question for the Jury