New Structured Sentencing Handbook

From 1995 to 2009, North Carolina had two sentencing grids—one for felonies, one for misdemeanors. That was it. Then the grid was amended in 2009. And 2011 (with special rules for sex offenders). And 2013, for both felonies and misdemeanors. Because you should always use the grid that was in place when the defendant committed … Read more

Early Medical Release

North Carolina has a law allowing certain prison inmates to be released early for medical reasons. It was passed in 2008, largely in response to concerns that a small number of aging inmates accounted for a sizeable percentage of the system’s medical budget. The law is similar in concept to compassionate release in the federal … Read more

Another Jail Credit Issue: The Charge that Culminated in the Sentence

Last week I wrote a post about “using up” jail credit that generated some helpful comments. Thanks! I’m hoping for a repeat performance with today’s post, which is about another jail credit issue. A defendant must receive credit for all the time he or she is confined “as a result of the charge that culminated … 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

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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