N.C.P.I.—Crim. 100.21

NOTE WELL: This is a suggestive model and the judge

can modify as deemed appropriate

Source: NORTH CAROLINA TRIAL JUDGE’S BENCH

BOOK, SUPERIOR COURT. VOL. 1 (Criminal), Appendix,

Pretrial Section at pp. 41-42 (3rd ed.) (Institute of

Government 1999)

Ladies and Gentlemen, because of your special status as jurors, it

is important that you remember that during this week of court it is your

duty not to talk among yourselves about the proceedings in this court or

about the cases here for trial and not to talk with any of the parties, any

of the witnesses or any of the lawyers about the cases set for trial, or to

engage in any type of conversation with them even if it is only to pass

the time of day.

The State of North Carolina and the parties in the cases to be tried

this week are entitled to jurors who approach their cases with open minds

and who agree to keep their minds open until a verdict is reached. Jurors

must be as free as humanly possible from bias, prejudice or sympathy,

and must not be influenced by preconceived ideas either as to facts or as

to the law. You must not form an opinion or express an opinion about any

of the cases until you are deliberating in the jury room.

During jury selection, the court and the lawyers will ask you

questions. These questions are not designed to pry into your personal

affairs, or to cause you any personal discomfort. The questions are

designed to discover if you have any knowledge of the case to be tried, if

you have any preconceived opinion that you cannot lay aside, or if you

have any experience that might cause you to identify yourself with either

party in a case. These questions are necessary to assure each party an

impartial jury.

There may have been some publicity in a case at the time it

happened or since then. You must not permit anything you have read or

heard or seen to influence your verdict, because what you have read,

heard or seen was not under oath at this trial. It is not evidence. None of

you would want to be tried based on what was reported by others outside

the courtroom. Being fair-minded persons, certainly none of us would rely

on that kind of information in the trial of a case. You must exclude all

that you have seen, heard or read and render a verdict based solely on

the evidence brought out in court and the law I give you in my charge or

instructions.

You may not let your present opinion or information influence your

decision in a case or let it prevent you from rendering any proper verdict

required by the facts and the law. The test for qualification for jury

service is not the private feelings of a juror; rather, it is whether the juror

can honestly set aside any such feelings, fairly consider the law and

evidence, and impartially determine the issues.

In the process of selecting a jury, jurors may be excused by the

court for cause if there is a valid reason why he or she cannot serve. In

addition, counsel on each side may excuse a limited number without

giving a reason for doing so.

If you are excused by one of the lawyers from serving on the jury,

you should not be concerned about that or be upset with the lawyer who

excused you. The fact that a lawyer may excuse you in one case does not

mean that the same lawyer will object to your serving as a juror in

another case which is called for trial.

I hope you will enjoy your week of jury service. You should not be

scared or afraid of serving as a juror. We ask no more of you this week

than that you use the same good judgment and common sense that you

used in handling your own affairs last week and that you will use in the

handling of your own affairs in the weeks to come.

I also hope that these introductory remarks will serve to make you

feel at ease here and that they will impress upon you the importance of

jury service, acquaint you with what will be expected of you, and

strengthen your will and desire to enter upon your duties with the

determination to discharge them honorably.

Optional additional topics:

- Court will try to be efficient in its work and in use of jurors' time.

- Court is no assembly line; it does not deal with inanimate

objects, but with people.

- Certain seats are set aside for jury use.

- Jurors' badges should be worn at all times.

- Jury telephone call-back service.

- Recesses.

- Chambers matters (i.e., judge is working even when not on

bench).

- When jurors excused (certain proceedings must take place out of

jurors' presence).