News Roundup

On Monday, state and federal law enforcement agencies raided three “full-fledged” casinos operating in Robeson County, according to the Fayetteville Observer.  The Observer says that the casinos were located in warehouses in various locations within the county, and that they were being run by members of the Tuscarora Indian Nation Sovereignty Territory.  As the News & Observer explains in another piece about the raids, the “Tuscarora are a federally recognized tribe in New York with ancestral roots in North and South Carolina,” though none of the groups identifying as Tuscarora in North Carolina have received federal recognition.  Keep reading for more news.

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“Pay to Play” Deferred Prosecutions

A district attorney generally has discretion in structuring his or her approach to deferred prosecutions. The DA could have a broad program, allowing deferrals for all defendants who might be eligible as a matter of law. Or there could be no program at all (aside from the handful of diversions that are mandatory in certain circumstances). Regardless, whatever program the State has must not discriminate against defendants based on an improper classification. Characteristics like religion and race obviously are not permissible bases on which to condition access to a deferral program. A more difficult question, though, is what role a defendant’s financial situation may play in the State’s decision to defer prosecution.

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