A convicted murderer remains on the lam in the suburbs of Philadelphia following his escape from jail last week. The AP reports that the man was serving a life sentence for killing his former romantic partner when he climbed over a razor-wire-lined fence and walked away. The man has been seen around the area at least six times while managing to evade capture and is suspected of breaking into at least one area home. This has understandably caused considerable distress among community residents. Some schools have closed in response to the ongoing situation. The suspect is also wanted by Brazilian authorities in connection with another homicide there. Read on for more criminal law news.
Phil Dixon
Speech Integral to Criminal Conduct
The First Amendment permits criminal punishment for speech only when it falls within an established exception. True threats, incitement to violence, obscenity, and fighting words are among the categories of speech falling outside the protections of the First Amendment (although the fighting words exception is arguably defunct as a practical matter, as I wrote here). Each category has narrow definitions and standards that must be met as a matter of constitutional law before criminal liability can be imposed. My former colleague Jonathan Holbrook has written about the incitement exception and the true threats exception before. I wanted to write about another First Amendment exception, one that is much broader than the rest—speech integral to criminal conduct. Read on for the details.
News Roundup
According to WRAL and other sources, seven homes and one business have been damaged in six fires in Durham since July 2. The homes are all in the same area of town and were vacant at the time. Authorities believe the fires were intentionally set and are actively seeking information from the public about possible suspects. Read on for more criminal law news.
Xylazine: What Legal and Public Health Professionals Need to Know
The drug xylazine has been in the news recently as a dangerous substance commonly mixed with heroin, fentanyl, and other drugs. Xylazine is not an opioid nor is it currently a controlled substance, which presents unique challenges for legal and public health professionals. This post, co-written by SOG faculty members Kirsten Leloudis and Phil Dixon, examines the legal and public health issues surrounding the drug.
News Roundup
The indictment of former President Trump continues to dominate the news. Since Shea’s roundup last week noting the federal charges, the indictment was unsealed. It reveals that Trump faces 37 felonies. Most of the charges (31 counts) relate to Trump’s alleged improper storage and retention of national defense information. The indictment also charges conspiracy to obstruct justice, withholding and concealing documents from the grand jury and from investigators, and making false statements to investigators. The charging document is a so-called “speaking” indictment, laying out much more specific detail about the circumstances surrounding the charges than the more common bare-bones indictments describing only the commission of the elements of the offense. You can read the indictment here or here. Judge Aileen Cannon, who presided over earlier litigation regarding the search warrant at Mar-a-Lago, has been assigned to the case. The former President has pled not guilty. Read on for more criminal law news.
2023 Satellite-Based Monitoring Revisions
The General Assembly last amended our satellite-based monitoring (“SBM”) laws in 2021, substantially reworking who qualifies for SBM, the process of petitioning for termination of SBM, and the potential length of SBM (among other changes). If you are still adjusting to those new rules, buckle up. Tucked into the back of S.L 2023-143 (SB 20) are new amendments that once again substantially revise North Carolina’s SBM scheme (in Part VIII, starting at page 44 of the linked bill), effective for SBM orders entered on or after October 1, 2023. This post examines those changes and their potential implications.