A UNC School of Government Blog
Jamie Markham 
In last week’s news roundup, Shea mentioned Doe v. Prosecutor, Marion County, Indiana, a recent case in which the United States Court of Appeals for the Seventh Circuit struck Indiana’s law prohibiting sex offenders from using social networking websites on First Amendment grounds. North Carolina has a similar crime, a Class I felony under G.S. … Read more
Yesterday’s post was about the prior record point that applies when all the elements of the offense being sentenced are included in one of the defendant’s prior offenses. Today’s post is about the other sentencing bonus point, which applies when the offense being sentenced was committed while the defendant was on probation, parole, or post-release … Read more
In addition to the regular sentencing points assigned to a defendant based on his or her prior convictions, there are two additional “bonus points” that apply in certain circumstances. One is for defendants being sentenced for crimes committed while they were probation, parole, or post-release supervision; serving a sentence of imprisonment; or on escape. G.S. … Read more
Happy New Year! I feel like I spent most of 2012 talking about Justice Reinvestment. Let’s start 2013 with a more agreeable subject—like sex offenders. In one of its final rulings of 2012, the court of appeals held in State v. Daniels that a portion of the law limiting where some registered sex offenders may … Read more
As I traveled around the state teaching about the Justice Reinvestment Act, I had lots of discussions about the various types of confinement that can now be ordered in response to a probation violation (splits, dips, dunks, and so forth—they’re all catalogued here). That conversation almost always included a discussion of jail credit. The general … Read more
“Only an idiot drives on the sidewalk to avoid a school bus.” So read a sign that an Ohio judge ordered a woman to wear after being convicted for the acts caught on video here. Apparently it was not an isolated incident. A parent whose daughter rode the bus said the defendant “did this almost … Read more
In 2008 the General Assembly enacted two new crimes, rape of a child by an adult offender under G.S. 14-27.2A, and sexual offense with a child by an adult under G.S. 14-27.4A. S.L. 2008-117. Both crimes have special sentencing rules and special provisions for lifetime satellite-based monitoring. Today’s post responds to some of the questions … Read more
Over the weekend we observed Veterans Day. Thank you to all who have served. [Editor’s note: Jamie is himself an Air Force veteran, as he mentions below, so thanks to him for his prior service in addition to his current outstanding work.] The holiday calls to mind the sentencing mitigating factor set out in G.S. … Read more
Recent changes to G.S. 7A-304 (discussed in my previous post) make it more likely that a judge will impose court costs on a defendant who receives an active sentence. Costs now apply by default in active punishment cases, and they may only be waived upon written findings of just cause. Not surprisingly, a frequently asked … Read more
Following up on Jeff’s post yesterday about court costs and traffic citations, today’s post is about a trial judge’s authority to waive court costs. Under G.S. 7A-304, certain court costs “shall be assessed” in every criminal case where a defendant is convicted or enters a plea of guilty or nolo contendere. Under the pre-2011 version … Read more