NC · jury_instructions
N.C.P.I.—Crim. 101.39
LACK OF UNANIMITY ON PRINCIPAL CHARGE; "REASONABLE EFFORTS".
NOTE WELL: Only provide this instruction if this
question is raised.
With respect to your question - whether the jury is required
unanimously to find that the defendant is not guilty of first-degree
murder before considering whether he is guilty of second-degree murder?
- I instruct you that the jury should first consider first degree murder,
but you are not required to determine unanimously that the defendant is
not guilty of that offense before you may consider second degree
murder.1 If you reach a unanimous verdict that the defendant is not
guilty of first-degree murder, or if, after all reasonable efforts, you are
unable to reach a verdict as to that offense, then you may consider
whether the defendant is guilty of second-degree murder.2
History
N.C.P.I.—Crim. 101.39 (June 2015). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
d956eb6b968117ca01f9974bb0cf572ab691c60ec43c95003bff97eceac1de18
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