Sentencing
“Using Up” Jail Credit
Suppose a person is held in jail for 20 days on two pending misdemeanor charges, Charge A and Charge B. For one reason or another, Charge A results in a conviction first and is sentenced to 100 days. Ten days later, the defendant is convicted of Charge B and also sentenced to 100 days on … Read more
Do Only Turkeys Get Pardons?
It is a Thanksgiving tradition for the president to pardon a turkey. This year, CNN reports, it was a Minnesota bird named Popcorn. But is executive clemency limited to avians? This post briefly explores the available data. Decline in federal clemency. Though he pardoned a turkey, President Obama has not pardoned many people. The New … Read more
A Fine Sentence for Class 3 Misdemeanors
I thought I’d take a few minutes and jot down some questions and answers about the new fine-only punishment scheme for Class 3 misdemeanors for many defendants (enacted as part of the 2013 Appropriations Act). Several hours later—after thinking about the different permutations, reading several cases, talking with patient colleagues, and pondering further—I came up … Read more
A Sampling of Justice Reinvestment Statistics
With Thanksgiving tomorrow, today’s post will be the last of the week. That means it is the last post before December 1, when another batch of new laws comes into effect. Perhaps most notable among them is the new rule limiting punishment for a Class 3 misdemeanor to a fine only for defendants with three … Read more
Restitution to Insurers and the Insured
Suppose my home is broken into and many things are stolen. My insurance company compensates me for the damage to the house and the items that were taken. Two related questions arise if the person who broke in is charged and convicted. Can the defendant be ordered to pay restitution to my insurance company? And … Read more
Halloween and Sex Offenders
Each Halloween also seems to bring a wave of news stories related to sex offenders. There apparently isn’t evidence to back up the concern, but some jurisdictions have laws prohibiting registered offenders from participating in Halloween activities. In Missouri, for example, all registrants were required to remain indoors between 5:00 and 10:30 p.m. on October … Read more
The New Firearm/Deadly Weapon Enhancement
Structured Sentencing has always included a provision allowing for an enhanced sentence for felonies committed by using, displaying, or threatening to use or display a firearm or deadly weapon. G.S. 15A-1340.16A. It isn’t used very often. It was used only once statewide last year, and not at all the year before that. That may change … Read more
Walters Affirmed: No Sex Offender Registration for a PJC
With three words—PER CURIAM. AFFIRMED.—the Supreme Court of North Carolina last week added a new wrinkle to two already perplexing areas of the law: sex offender registration and PJCs. In Walters v. Cooper, the high court affirmed the court of appeals’ conclusion that a conviction for which a person receives a prayer for judgment continued … Read more
New Felony Sentencing Grid
It’s October 1 and a lot of new laws come into effect today. Among them is the portion of S.L. 2013-101 that amended the felony sentencing grid. The revised grid, effective for offenses committed on or after October 1, is available on the North Carolina Sentencing and Policy Advisory Commission website. All of the old … Read more