A UNC School of Government Blog
This weekend, the New York Times carried an article entitled Risky Rise of the Good Grade Pill. The piece concerns the abuse of certain prescription medications by high school and college students trying to stay awake to study, or trying to stay focused during exams. The most popular drug seems to be Adderall, which is … Read more
The Fourth Circuit recently rejected a vagueness challenge to the federal stalking statute. Because of the similarity between the federal statute and North Carolina’s stalking law, I thought the decision was worth mentioning here. The federal stalking statute makes it a crime to “engage in a course of conduct that causes substantial emotional distress to … Read more
In a post here, Jeff updated you on the dueling superior court decisions on whether G.S.14-306.4—the internet sweepstakes ban—is constitutional or not. The Court of Appeals recently resolved the conflict, holding, over a dissent, that the statute is an unconstitutionally overbroad regulation of free speech. So at least for now, internet sweepstakes operations are good … Read more
There’s a popular video game — or really, series of video games — called Grand Theft Auto. And many states have a crime called grand theft auto, or have some other theft offense that is specific to motor vehicles. In fact, according to this handy chart from the National Conference of State Legislatures, it appears … Read more
I’ll willing to bet that most of you sang these lyrics as a child: “You put your right hand in, You put your right hand out, You put your right hand in, And you shake it all about, . . .” But I’m also willing to bet that you never pondered this: What about putting … Read more
Misdemeanor death by vehicle is defined in G.S. 20-141.4(a2) as (1) unintentionally causing the death of another person (2) while violating a State law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic—other than impaired driving under G.S. 20-138.1—where (3) commission of the offense is the … Read more
Now that Christmas is over, Santa’s cases are coming on for trial. He’s accused of multiple counts of burglary. We already know the facts: He entered dwellings at night, using the chimney to gain entry, while the residents slept soundly in bed. The indictments charge that once inside, he stole milk and cookies. Being a … Read more
In a post here, I listed my top five indictment errors. The number one error was misstating the victim’s name in an indictment charging larceny or a related crime interfering with the right of possession. In that context the problem typically involves failing to allege the victim as a natural person or an entity capable … Read more
It’s the end of the year. The criminal justice system is slowing down a little bit for the holidays, but other activity is ramping up. For many parents, making a year-end gift to their children’s teachers is part of the holiday routine. Not so much in Alabama, though. This NPR story, headlined How Alabama Banned … Read more
A caller recently asked me whether it is a crime to use gang signs. First, some background. According to one gang expert, “each gang has their own gang hand signs that they use to show allegiance to their gang or to disrespect . . . rival gang members. Many gangs have created hand signs, using … Read more