§ 15A-2000 Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence
§ 15A-2001 Capital offenses; plea of guilty
§ 15A-2002 Capital offenses; jury verdict and sentence
§ 15A-2003 Disability of trial judge
§ 15A-2004 Prosecutorial discretion
§ 15A-2005 Intellectual disability; death sentence prohibited
Have a question? Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In North Carolina General Statutes > Chapter 15A > Article 100 - Capital Punishment

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary: Any of the following persons:

    a. See North Carolina General Statutes 36D-2

  • Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
  • Community Third Party Trust: A trust funded with the assets of a third party for the benefit of a person of any age with severe chronic disabilities, that is administered by a nonprofit corporation that offers the following services:

    a. See North Carolina General Statutes 36D-2

  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: The Department of Health and Human Services. See North Carolina General Statutes 36D-2
  • Devise: To gift property by will.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Family members: Persons who are related by blood or marriage within the sixth degree to the beneficiary. See North Carolina General Statutes 36D-2
  • filed: means :

    a. See North Carolina General Statutes 15A-101.1

  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Juror: A person who is on the jury.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Sole benefit: No individual other than the beneficiary benefits from the trust, either directly or indirectly. See North Carolina General Statutes 36D-2
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Surplus trust funds: All funds remaining in the trust upon termination of the trust, whether by death of the beneficiary or otherwise. See North Carolina General Statutes 36D-2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: An original, additional, or successor trustee, and a cotrustee, whether or not appointed or confirmed by a court. See North Carolina General Statutes 36D-2
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Verdict: The decision of a petit jury or a judge.