Articles in the Crimes and Elements category - Page 31 of 49

Is it a crime to attempt to drive while impaired? Consider these facts. Suppose a law enforcement officer sees a person stumble to a car outside of a bar, unlock […]

The television news magazine  20/20 aired video footage last fall of North Carolina law enforcement officers speeding on Interstate 40 near Raleigh. Reporters followed the police vehicles to determine whether […]

Last year, I wrote a paper about North Carolina’s habitual felon, violent habitual felon, and habitual breaking and entering laws. Around the time the paper came out, the General Assembly […]

The New York Times reported earlier this week that driving under the influence of marijuana is significantly less risky than driving with a blood-alcohol concentration of 0.08.  That’s a good […]

Regular and well-publicized checkpoints are an important component of the State’s effort to curtail impaired driving. Checkpoints provide specific as well as general deterrence. A handful of impaired drivers typically […]

Author’s Note:  The opinion discussed below was withdrawn on February 4, 2014 and replaced by an opinion discussed here.   How can a sentencing factor found by a judge that […]

In a recent case, State v. Holloman, the North Carolina Court of Appeals held that the trial court erred by convicting the defendant of both first-degree kidnapping and sexual assault […]

Local law enforcement officers have a little bit of extra territorial jurisdiction when it comes to investigating impaired driving.  That grant of extra territorial jurisdiction (as opposed to extraterritorial jurisdiction, […]

Northwestern University law professor Eugene Kontorovich believes that that bestiality is constitutionally protected private sexual activity, and thinks that a recent federal court ruling supports his claim. This post examines […]

For a presentation I did recently on termination of sex offender registration requirements, I decided to see what requirements and restrictions a person is subject to under North Carolina law if convicted of an offense subject to sex offender registration.