Aiding and Abetting
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 […]
January 5, 2011
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 […]
January 4, 2011
As I noted in a previous post, it is a crime under G.S. 14-454(b) “willfully and without authorization . . . [to] access[] . . . any computer.” I posed […]
December 21, 2010
It is a regular condition of probation for all supervised probationers that they “[r]emain within the jurisdiction of the court unless granted written permission to leave by the court or […]
December 14, 2010
The contents of an envelope tucked under the windshield wiper of your car parked on a city street doesn’t seem as ominous as a citation hand-delivered through your driver’s side […]
December 2, 2010
I’ve blogged before about the General Assembly’s latest effort to eradicate internet sweepstakes. Because G.S. 14-306.4 went into effect yesterday, I’ve had lots of questions about the law. (I even […]
November 30, 2010
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 […]
November 18, 2010
Criminal negligence (sometimes called culpable negligence) means recklessness or carelessness that shows a thoughtless disregard of consequences or a heedless indifference to the safety and rights of others. State v. […]
November 17, 2010
Suppose a defendant acts intending to do one thing but ends up doing something else. For example, suppose the defendant shoots at A, intending to kill A, but misses and […]
November 11, 2010
Perhaps in response to news reports of teen suicides blamed on embarrassing and/or insensitive web postings, I have been fielding a fair number of calls about North Carolina’s cyberbullying statute. […]
November 1, 2010
One of the most frequently litigated issues in North Carolina drug cases is constructive possession. Jeff wrote about one case (here) over a year ago. My research shows no less […]