A UNC School of Government Blog
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
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
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
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
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
“I wish I knew more about what’s out there.” That was the comment from a thoughtful superior court judge attending a sentencing law class at the School of Government. We were discussing the tremendous legal flexibility the judge has in shaping a probationary sentence (essentially any program related to the defendant’s rehabilitation is permissible under … Read more
A defense lawyer from another state recently asked me if it was possible to get probation for involuntary manslaughter in North Carolina. It is apparently possible but uncommon in his state, so he was looking to other jurisdictions to craft a sentencing argument in favor of a non-incarcerative sentence for his client. Within seconds, I … Read more
Special probation, commonly referred to as a split sentence, is a powerful sentencing tool. It allows the judge to impose a mix of imprisonment and probation that can achieve multiple goals. For example, a short amount of imprisonment can satisfy retributive aims, while the accompanying term of probation can promote rehabilitation in the community. Jail … Read more
School started back this week across the state, which means that many school buses are traveling the roadways. Buses in my neighborhood hit the pavement early—one drove by this morning shortly after 6 a.m.—and often still are completing their routes when commuters begin to drive home from work. The advent of a new school year … Read more
With another legislative session in the books, it’s time once again for a revised sex offender flow chart. The revised chart is available here. The changes are summarized below. New reportable offenses. Session Law 2013-33 added human trafficking under G.S. 14-43.11 to the list of sexually violent offenses that require sex offender registration, but only … Read more