Article I, Section 18 through Section 28 Sec. 18. Court shall be open.
All courts shall be open; every person for an injury done him in his lands, goods, person, or reputation shall have remedy by due course of law; and right and justice shall be administered without favor, denial, or delay.
Sec. 19. Law of the land; equal protection of the laws.
No person shall be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner deprived of his life, liberty, or property, but by the law of the land. No person shall be denied the equal protection of the laws; nor shall any person be subjected to discrimination by the State because of race, color, religion, or national origin.
Sec. 20. General warrants.
General warrants, whereby any officer or other person may be commanded to search suspected places without evidence of the act committed, or to seize any person or persons not named, whose offense is not particularly described and supported by evidence, are dangerous to liberty and shall not be granted.
Sec. 21. Inquiry into restraints on liberty.
Every person restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and to remove the restraint if unlawful, and that remedy shall not be denied or delayed. The privilege of the writ of habeas corpus shall not be suspended.
Sec. 22. Modes of prosecution.
Except in misdemeanor cases initiated in the District Court Division, no person shall be put to answer any criminal charge but by indictment, presentment, or impeachment. But any person, when represented by counsel, may, under such regulations as the General Assembly shall prescribe, waive indictment in noncapital cases.
Sec. 23. Rights of accused.
In all criminal prosecutions, every person charged with crime has the right to be informed of the accusation and to confront the accusers and witnesses with other testimony, and to have counsel for defense, and not be compelled to give self-incriminating evidence, or to pay costs, jail fees, or necessary witness fees of the defense, unless found guilty.
Sec. 24. Right of jury trial in criminal cases.
No person shall be convicted of any crime but by the unanimous verdict of a jury in open court, except that a person accused of any criminal offense for which the State is not seeking a sentence of death in superior court may, in writing or on the record in the court and with the consent of the trial judge, waive jury trial, subject to procedures prescribed by the General Assembly. The General Assembly may, however, provide for other means of trial for misdemeanors, with the right of appeal for trial de novo. (2013-300, s. 1.)
Sec. 25. Right of jury trial in civil cases.
In all controversies at law respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people, and shall remain sacred and inviolable.
Sec. 26. Jury service.
No person shall be excluded from jury service on account of sex, race, color, religion, or national origin.
Sec. 27. Bail, fines, and punishments.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishme Statutory Right to a JURY TRIAL in North Carolina SUBCHAPTER XII. TRIAL PROCEDURE IN SUPERIOR COURT.
Right to Trial by Jury.
§ 15A-1201. Right to trial by jury; waiver of jury trial; procedure for waiver.
(a) Right to Jury Trial. – In all criminal cases the defendant has the right to be tried by a
jury of 12 whose verdict must be unanimous. In the district court the judge is the finder of fact
in criminal cases, but the defendant has the right to appeal for trial de novo in superior court as
provided in G.S. 15A-1431. In superior court all criminal trials in which the defendant enters a
plea of not guilty must be tried before a jury, unless the defendant waives the right to a jury
trial, as provided in subsection (b) of this section.
(b) Waiver of Right to Jury Trial. – A defendant accused of any criminal offense for
which the State is not seeking a sentence of death in superior court may, knowingly and
voluntarily, in writing or on the record in the court and with the consent of the trial judge,
waive the right to trial by jury. When a defendant waives the right to trial by jury under this
section, the jury is dispensed with as provided by law, and the whole matter of law and fact, to
include all factors referred to in G.S. 20-179 and subsections (a1) and (a3) of G.S.
15A-1340.16, shall be heard and judgment given by the court. If a motion for joinder of
co-defendants is allowed, there shall be a jury trial unless all defendants waive the right to trial
by jury, or the court, in its discretion, severs the case Waiver of Jury Trial in North Carolina (c) A defendant seeking to waive the right to trial by jury under subsection (b) of this
section shall give notice of intent to waive a jury trial by any of the following methods:
(1) Stipulation, which may be conditioned on each party's consent to the trial
judge, signed by both the State and the defendant and served on the counsel
for any co-defendants.
(2) Filing a written notice of intent to waive a jury trial with the court and
serving on the State and counsel for any co-defendants within the earliest of
(i) 10 working days after arraignment, (ii) 10 working days after service of a
calendar setting under G.S. 7A-49.4(b), or (iii) 10 working days after the
setting of a definite trial date under G.S. 7A-49.4(c).
(3) Giving notice of intent to waive a jury trial on the record in open court by
the earlier of (i) the time of arraignment or (ii) the calling of the calendar
under G.S. 7A-49.4(b) or G.S. 7A-49.4(c).
(d) Judicial Consent to Jury Waiver. – Upon notice of waiver by the defense pursuant to
subsection (c) of this section, the State shall schedule the matter to be heard in open court to
determine whether the judge agrees to hear the case without a jury. The decision to grant or
deny the defendant's request for a bench trial shall be made by the judge who will actually
preside over the trial. Before consenting to a defendant's waiver of the right to a trial by jury,
the trial judge shall do all of the following:
(1) Address the defendant personally and determine whether the defendant fully
understands and appreciates the consequences of the defendant's decision to
waive the right to trial by jury.
(2) Determine whether the State objects to the waiver and, if so, why. Consider
the arguments presented by both the State and the defendant regarding the
defendant's waiver of a jury trial