NC · jury_instructions

N.C.P.I.—Crim. 104.70

CONFESSIONS.

activein force · 2014-06-01 – presentas-observed

If you find that the defendant has confessed that the defendant

committed the crime charged in this case, then you should consider all of

the circumstances under which it was made in determining whether it was

a truthful confession and the weight you will give to it.

NOTE WELL: N.C. Gen. Stat. § 15A-211 requires that a

complete electronic recording be made of a custodial

interrogation conducted at a police station or other

place of detention in criminal investigations of Class A,

B1, and B2 felonies and also in the Class C felonies of

rape, sex offense or assault with a deadly weapon with

intent to kill inflicting serious injury. When evidence of

compliance or noncompliance with the requirements of

the statute is presented at trial, the jury must be

instructed that it may consider the evidence of

compliance or noncompliance in determining the

reliability of a statement made by the defendant during

the interrogation. If evidence is introduced that the

defendant made a custodial statement during

interrogation at a place of detention and evidence is

also introduced of compliance or noncompliance with

the statute, then the following instruction should be

given:

Evidence was introduced during this trial tending to show that the

defendant made (a) statement(s) regarding the crime(s) charged in this

case during an interrogation by (a) law enforcement officer(s). The law

requires that whenever a person is interrogated by law enforcement

during a criminal investigation, a complete electronic recording must be

made of the interrogation. Evidence has been received during this trial

tending to show that a complete electronic recording of the defendant’s

interrogation was (not) made as required by law. If you find that the

defendant made (a) statement(s) during an interrogation by law

enforcement in this case and that a complete electronic recording of the

interrogation was (not) made, then you may consider this together with

all other circumstances under which the statement(s) (was) (were) made

in determining whether the statement(s) (was) (were) voluntary and

reliable.

History

N.C.P.I.—Crim. 104.70 (June 2014). N.C. Gen. Stat. § 15A-211(f)(3). 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: 42584083d7b4b8b03d004224943ff2d4627d235f97dcc4bf87ca7fdd31333f5c

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