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NC · jury_instructions

N.C.P.I.—Crim. 104.96

LIMITATION ON EXPERT OPINION TESTIMONY.

activein force · 2021-06-01 – presentas-observed

NOTE WELL: Always give N.C.P.I.—Crim. 104.94 first

when this instruction is given. This instruction covers

the admissibility of expert opinion testimony

concerning all "syndromes" and "disorders," including,

but not limited to, post-traumatic stress syndrome,

rape-trauma syndrome, and conversion disorders. The

trial court should balance the probative value of

evidence of these conditions against the prejudicial

impact of such evidence under Rule 403, and it should

determine whether admission of evidence of these

conditions would be helpful to the trier of fact under

Rule 702. See State v. Hall, 330 N.C. 808, 412 S.E.2d

883 (1992).

You may consider expert opinion testimony that one

a) [[exhibits symptoms] [fits a profile] consistent with [sexual]

[physical] abuse]

b) [suffers from [post-traumatic stress syndrome] [rape-trauma

syndrome]]

c) [had a conversion [reaction] [disorder] consistent with [sexual]

[physical] abuse]

only for the limited purpose1 of corroborating the victim’s 2 testimony at

this trial, that is, you believe this opinion testimony supports the

testimony of the victim. The opinion testimony is admitted solely for this

purpose.3 You may not convict the defendant solely on this opinion

testimony.

History

N.C.P.I.—Crim. 104.96 (Replacement June 2021). 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
2cbbfc9b624eabf09e5d116eef38cc95395272422cbac291545c421f6f8bf0cf
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