NC · jury_instructions
N.C.P.I.—Crim. 150.12
DEATH PENALTY-PEREMPTORY INSTRUCTION-NON-STATUTORY MITIGATING CIRCUMSTANCE(S).
NOTE WELL: This instruction is to be read to the jury
only where there is sufficient unrebutted evidence, as a
matter of law, to establish the existence of (a) non-statutory mitigating circumstance (s). See State v.
Lynch, 340 N.C. 435, 459 S.E.2d 679 (1995).
The defendant has the burden of establishing this mitigating
circumstance by the preponderance of the evidence, as I have explained
to you.
All of the evidence tends to show (insert named non-statutory
mitigating circumstance).
Accordingly, as to this circumstance, if one or more of you find the
facts to be as all the evidence tends to show, you will find that this
circumstance has been established. You must then consider whether this
circumstance has mitigating value. If one or more of you find that this
circumstance has been established and deem it to have mitigating value,
then you will answer "Yes" as to Mitigating Circumstance Number (read
number) on the "Issues and Recommendation" form.
History
N.C.P.I.—Crim. 150.12 (March 2005). 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
c27d7e24d490828899f59b08c208f15a8b89b16aad0448028016a3710d1bff8d
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.