A UNC School of Government Blog
Jamie Markham 
Author’s note: This post has been updated since its initial publication. The original version overlooked G.S. 15A-1340.11(7), a statute that is clearly relevant to the discussion. Do old (as in, pre-1997) impaired driving convictions count toward felony prior record level? My answer is that they probably do—at least back to 1983—but there is no clear … Read more
May a judge delegate to a probation officer the task of setting the amount of restitution owed to a victim? For several reasons, my standard answer to that recurring question is no. The main reason for my answer is the restitution statutes themselves. The law says that restitution should be ordered “when sentencing a defendant,” … Read more
How specific does a probation violation report need to be about which condition the probationer allegedly violated? Until last week, I would have said “not very.” A new case from the court of appeals has made me change my answer. The case is State v. Tindall. In it, a woman was ordered to attend a … Read more
It’s been over two years since I recorded my first video blog post. With the help of School of Government multimedia developer Jamar Jones, I prepared another one for today. In it, I try to show how Structured Sentencing is not very structured for many defendants—especially when multiple convictions are sentenced together. I hope you’ll … Read more
I read an article this morning from the Washington Post about how some inmates are using the online consumer review site Yelp to rate jails and prisons. It’s an interesting mix of good reviews (“[I]f you’re going to get arrested, do it in Arlington County”) and bad (“This was the worst experience of my life … Read more
In Jeff’s recent announcement of the new version of the ASSET smartphone app, he mentioned that we would release another app soon. I’m pleased to report that our second app, a handheld guide to sentencing and corrections after Justice Reinvestment, is available now. It was created primarily as a field reference for probation officers, but … Read more
The court of appeals recently decided another case on petitions to terminate sex offender registration. Once again, the decision turned on what I have called the “Wetterling finding”—the rule in G.S. 14-208.12A(a1)(2) that a judge may not remove a person from the registry if doing so would not comply with “the federal Jacob Wetterling Act, … Read more
I recently completed a draft of a bulletin on probation violations. It is working its way through our internal review process. In the meantime, I thought I would post it on the blog and open it up for wider comment. There have been many changes in this area of the law in the past 5 … Read more
Who proves prior convictions for sentencing purposes? By statute, the State. Sometimes, however, in the fast-paced world of district court, marshaling a defendant’s criminal record can seem like a shared responsibility, with the prosecutor, judge, and clerk all playing a role. Especially today, when more statewide information is available at a mouse click through CJLEADS … Read more
I’m headed to High Point today to teach a session for magistrates on crimes related to sex offender registration. I’m glad I looked at the slip opinions from the court of appeals before I left. A case decided today answers a somewhat frequently asked question about sex offender registration: Does a PJC for a sex … Read more