A UNC School of Government Blog
Jessica Smith [Editor’s note: Sorry there was no post yesterday. I was out of town and had technical trouble that made it impossible to access the blog.] Can a defendant be tried in absentia? In this post, I will answer that question. The Right to be Present at Trial A criminal defendant has a constitutional right … Read more
Jeff previously blogged about multiple assault convictions based on the same conduct, distinguishing double jeopardy issues from statutory interpretation issues. In this post, I will hone in on the statutory interpretation aspect of the analysis. G.S. 14-32.4(b) provides: “Unless the conduct is covered under some other provision of law providing greater punishment, any person who … Read more
In my first post on this topic, I set the stage for a discussion about the constitutionality of remote two-way testimony. In my second post, I explored the legal authority on that issue. In this final post, I will introduce two procedures might allow the State to achieve some of the benefits of remote testimony, … Read more
In my last post, I set the stage for a discussion about the constitutionality of remote two-way testimony. In this post I will explore the authority bearing on that question. Guidance from the United States Supreme Court The question whether remote two-way testimony satisfies the confrontation clause has not been resolved in a … Read more
Since the United States Supreme Court’s decision in Crawford v. Washington, 541 U.S. 36 (2004), interest has been growing in the use of remote testimony as a method to satisfy the confrontation clause. Crawford held that under the sixth amendment’s confrontation clause, testimonial statements by witnesses who do not appear at trial cannot be admitted … Read more
Most blog readers probably are familiar with G.S. 90-95.1, which sets out the offense of continuing criminal enterprise with respect to drug offenses. I suspect, however, that readers are less familiar with G.S. 14-7.20, which sets out the offense of continuing criminal enterprise for non-drug offenses. Although it was enacted in 1995, the crime is … Read more
Suppose John Jones shoots Victim. Sam Smith, who had nothing to do with the shooting, witnesses the event. In order to help Jones escape and avoid prosecution, Smith drives Jones from the scene to a hideout. Victim dies the next day. Can Smith be convicted of accessory after the fact to the murder? According to … Read more
Under the common law doctrine of aiding and abetting, a person is considered to be a principal to a crime when: (1) a crime is committed by another, (2) the person knowingly advises, instigates, encourages, procures, or helps the other person commit the crime, and (3) his or her actions or statements caused or contributed … Read more
When a defendant introduces evidence at trial showing that the State has failed to prove some element of the crime, the strategy is sometimes described as a failure of proof or “negating” defense. Mistake of fact is one such negating defense. Mistake of fact offers a defense if it negates a mental state required to … Read more
In prior posts, I discussed transferred intent and criminal negligence. Intent and criminal negligence, along with malice and willfulness are some of the common states of mind that the prosecution must prove beyond a reasonable doubt to obtain a criminal conviction. With strict liability crimes, the prosecution’s case is easier. Strict liability crimes do not … Read more