§ 15A-1235. Length of deliberations; deadlocked jury. - North Carolina Statutes

§15A‑1235.  Length of deliberations; deadlocked jury.

(a)        Before the juryretires for deliberation, the judge must give an instruction which informs thejury that in order to return a verdict, all 12 jurors must agree to a verdictof guilty or not guilty.

(b)        Before the juryretires for deliberation, the judge may give an instruction which informs thejury that:

(1)        Jurors have a dutyto consult with one another and to deliberate with a view to reaching anagreement, if it can be done without violence to individual judgment;

(2)        Each juror mustdecide the case for himself, but only after an impartial consideration of theevidence with his fellow jurors;

(3)        In the course ofdeliberations, a juror should not hesitate to reexamine his own views andchange his opinion if convinced it is erroneous; and

(4)        No juror shouldsurrender his honest conviction as to the weight or effect of the evidencesolely because of the opinion of his fellow jurors, or for the mere purpose ofreturning a verdict.

(c)        If it appears tothe judge that the jury has been unable to agree, the judge may require thejury to continue its deliberations and may give or repeat the instructionsprovided in subsections (a) and (b). The judge may not require or threaten torequire the jury to deliberate for an unreasonable length of time or forunreasonable intervals.

(d)        If it appears thatthere is no reasonable possibility of agreement, the judge may declare amistrial and discharge the jury. (1977, c. 711, s. 1.)