N.C.P.I.—Crim. 100.20

NOTE WELL: At the beginning of each new case, prior

to selection of jurors, the following instruction must be

given to the prospective jurors:

The next case is (name case, e.g., State versus John Roe). The

parties to this case are the State of North Carolina and (name

defendant). The State is represented in this case by (name and identify

attorney for the state). The defendant is (name and identify defendant).

The defendant is represented in this case by (name and identify

defendant's attorney).

The defendant is charged with (state nature of charge, e.g., larceny

from the person). This offense is alleged to have occurred on or about

(name date). (The alleged victim of this offense is (name victim)).1 The

defendant has entered a plea of not guilty. (In addition, the defendant

asserts, as an affirmative defense, that (state affirmative defense, as set

forth in defendant's pretrial notice).)2

NOTE WELL: N.C. Gen. Stat. § 15A-1214(a)(b) and (f);

§ 15A-1212. When twelve prospective jurors have been

seated in the jury box, the judge may, though he need

not,3 briefly question prospective jurors individually or

as a group concerning general fitness and competency,

to determine whether there is cause why they should

not serve as jurors in the case. He may also so

question prospective jurors called as replacements for

others who are excused. If the judge chooses to

question, he could do so as follows:

Prospective jurors, I am now going to ask you some questions

concerning your service as a juror in this case. When I finish, counsel for

the state and for the defendant may also question you.

Have you been a party, a witness, a grand juror, or a trial juror, or

have you otherwise participated in any civil or criminal proceedings

involving a transaction which relates to the present charges against the

defendant?

Have you ever been a party adverse to the defendant in any civil

action?

Have you ever complained against or been accused by the

defendant in any criminal proceeding?

Are you related in any way to the defendant (or victim) by blood or

marriage?

NOTE WELL: If any prospective juror answers yes, ask

him to state the relationship. A prospective juror may

be challenged for cause if he is related by blood or

marriage within the sixth degree of kinship to the

defendant or the victim. To determine whether two

people are related to one another within the sixth

degree, determine their nearest common ancestor.

Then, starting with either of them, count the

generations back to the common ancestor and then

count the generations from that common ancestor

down to the other. Each generation up and each

generation down is a degree. Thus second cousins are

related to one another within the sixth degree because

their common ancestor is a great grandparent; there

are three generations from one up to the great

grandparent and three more generations from the great

grandparent down to the other; and this makes six

degrees.

Have you formed or expressed an opinion as to the guilt or

innocence of the defendant?

Would you, as a matter of conscience, or for any other reason,

regardless of the facts and circumstances, be unable to render a verdict

with respect to the charge in accordance with the law of North Carolina?