N.C.P.I.—Crim. 100.25

At this time I want to explain to you the manner in which we will

proceed as we attempt together to find the truth in this case. First, the

attorneys will have an opportunity to make opening statements. The

purpose of an opening statement is narrow and limited. It is an outline of

what the attorney believes the competent and admissible evidence will

be. An opening statement is not evidence and must not be considered by

you as evidence. (The evidence will come in the form of the testimony of

the witnesses, admissions of the parties, stipulations of counsel, or any

physical exhibits that may be offered by the parties.)

(The court sets a time limit of ___ minutes to each side for opening

statements.)

Following opening statements, evidence will be offered. Witnesses

will be placed under oath and questioned by the attorneys. It may be

that documents and other tangible exhibits will be offered and received

as evidence. If any exhibit is given to you to examine, you should

examine it carefully, individually, and without comment.

It is the right of the attorneys to object when testimony or other

evidence is offered that the attorney believes is not admissible. When

the court sustains an objection to a question, the jurors must disregard

the question and the answer, if one has been given, and draw no

inference from the question or answer or speculate as to what the

witness would have said if permitted to answer. When the court overrules

an objection to any evidence, you must not give such evidence any more

weight than if the objection had not been made.

If the court grants a motion to strike all or part of the answer of a

witness to a question, you must disregard and not consider the evidence

that has been stricken.

During the course of the trial, it may be that questions of law will

arise that need to be considered by the court out of the presence of the

jury. When this happens, I may ask you to go to the jury room for a few

minutes. You should not worry or speculate about what takes place in the

courtroom during your absence-we will merely be considering questions of

law that have to be heard out of the presence of the jury. All of the

competent evidence in the case will be presented while you are present

in the courtroom.

When the evidence is completed, the attorneys will make their final

statements or arguments. The final arguments of the attorneys are not

evidence, but are given to assist you in evaluating the evidence.

Your duty is to decide the facts from the evidence. You, and you

alone, are the judges of the facts. It is important that you be fair and

attentive during the trial. You will see and hear the evidence and decide

the facts. You will then apply the law that I will give you to those facts.

To be an effective juror, you must not be influenced to any degree by

personal feelings, sympathy for, or prejudice against any of the parties

involved in the case.

The fact that a criminal charge has been filed against the defendant

is not evidence. The defendant is innocent of any crime unless and until

the state proves the defendant’s guilt beyond a reasonable doubt.

Finally, before you retire to consider your verdict, you must obey

the following rules:

First, you must not talk about the case amongst yourselves. The

only place this case may be discussed is in the jury room and then only

after you begin your deliberations.

Second, you must not talk about this case with anyone else

(including members of your families) or allow anyone else to talk with you

or say anything in your presence about this case. If anyone communicates

or attempts to communicate with you or in your presence about this case,

you must notify the bailiff of that fact immediately.

In this age of instant electronic communication and research, I want

to emphasize that in addition to not speaking face-to-face with anyone

about the case, you should not engage in any form of electronic

communication about the trial, including but not limited to: Twitter,

blogging, Facebook, text messaging, instant messaging, and any other

such means of electronic communication.

Third, you must keep all cell phones turned off when you are in the

courtroom or the jury room.

Fourth, while you sit as a juror in this case, you are not to form an

opinion about the guilt or innocence of the defendant, nor are you to

express to anyone any opinion about the case until I tell you to begin

your deliberations.

Fifth, you must not talk or communicate in any way with any of the

parties, attorneys, or witnesses involved in the case. This rule applies

inside as well as outside the courtroom, and it prohibits any type of

conversation, whether about the evidence in this case or about the

weather, or just to pass the time of day.

Sixth, you must not read or listen to any news media coverage of

this case or trial, including television, newspaper, radio, or Internet

accounts. Newspaper, radio, television, and Internet accounts may be

inaccurate, or they may contain references to matters which are not

proper for your consideration. Your verdict must be based solely on the

evidence presented during this trial and no other source.

Seventh, you must not allow what you have seen on popular

television shows that concern the legal system or police investigations to

influence you. Television shows may leave you with an improper

preconceived idea about the legal system. As far as this case is

concerned, you are not prohibited from watching such shows. However,

there are many reasons why you cannot rely on television legal programs,

including the fact that these shows: (1) are not subject to the rules of

evidence and legal safeguards that apply in this courtroom, and (2) are

works of fiction that present unrealistic situations for dramatic effect.

While entertaining, television legal dramas condense, distort, or even

ignore many procedures that take place in real cases and real courtrooms.

No matter how convincing they try to be, these shows simply cannot

depict the reality of an actual trial or police investigation. You must put

aside anything you think you know about the legal system that you saw

on television.

Eighth, you must not visit the scene or place that is the subject

matter of this trial or make any independent inquiry or investigation

about this matter. You may not conduct any research, including Internet

research, to look for any information regarding the case.

Each of you must obey each of these rules to the letter. Unless you

do so, there is no way the parties can be assured of absolute fairness

and impartiality. It is your duty, while the trial is in progress, or while it

is in recess, or while you are in the jury room, to see that you remain a

fair and impartial trier of the facts. If you violate these rules, you violate

an order of the court and this is contempt of court and could subject you

to punishment as provided by law.

We are now ready for the opening statements of counsel.