The Sixth Amendment to the United States Constitution guarantees that “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law.” The Sixth Amendment goes on to preserve other rights for criminal defendants, but says nothing else about what a “trial by an impartial jury” entails.

The United States Supreme Court has held that the Sixth Amendment right to a jury trial—which also applies to the states by way of the Fourteenth Amendment—requires a unanimous verdict to convict a defendant of a serious offense in state or federal court. A serious offense is generally a felony offense, or a misdemeanor in which the defendant may be sentenced to a year or more in jail or prison.

In North Carolina, as in all states, the Sixth Amendment of the United States Constitution guarantees the right to a speedy and public trial by an impartial jury in criminal prosecutions. This right is extended to the states through the Fourteenth Amendment. The requirement for a unanimous verdict to convict a defendant of a serious offense is upheld by the United States Supreme Court. In North Carolina, a serious offense typically refers to a felony, which is a crime that carries a potential sentence of more than one year of imprisonment. Misdemeanors that may result in a sentence of a year or more also require a unanimous jury verdict for conviction. This ensures that all members of the jury agree on the defendant's guilt beyond a reasonable doubt before a conviction can be secured, thereby protecting the defendant's right to a fair trial.