Video Blog Post: Unstructured Sentencing

It’s been over two years since I recorded my first video blog post. With the help of School of Government multimedia developer Jamar Jones, I prepared another one for today. In it, I try to show how Structured Sentencing is not very structured for many defendants—especially when multiple convictions are sentenced together. I hope you’ll … Read more

Smartphone App on Justice Reinvestment

In Jeff’s recent announcement of the new version of the ASSET smartphone app, he mentioned that we would release another app soon. I’m pleased to report that our second app, a handheld guide to sentencing and corrections after Justice Reinvestment, is available now. It was created primarily as a field reference for probation officers, but … Read more

The Wetterling Finding: Not an Unconstitutional Delegation

The court of appeals recently decided another case on petitions to terminate sex offender registration. Once again, the decision turned on what I have called the “Wetterling finding”—the rule in G.S. 14-208.12A(a1)(2) that a judge may not remove a person from the registry if doing so would not comply with “the federal Jacob Wetterling Act, … Read more

Who Proves Prior Record?

Who proves prior convictions for sentencing purposes? By statute, the State. Sometimes, however, in the fast-paced world of district court, marshaling a defendant’s criminal record can seem like a shared responsibility, with the prosecutor, judge, and clerk all playing a role. Especially today, when more statewide information is available at a mouse click through CJLEADS … Read more

No Sex Offender Registration for a “True PJC”

I’m headed to High Point today to teach a session for magistrates on crimes related to sex offender registration. I’m glad I looked at the slip opinions from the court of appeals before I left. A case decided today answers a somewhat frequently asked question about sex offender registration: Does a PJC for a sex … Read more

No Reduction Credits for 80-Year Life Sentences

The Supreme Court of North Carolina decided Lovette v. Department of Correction last Friday. The case has nothing to do with Laurence Lovette—the man found guilty of killing UNC student body president Eve Carson—whose case was also recently before our appellate courts (discussed here). Rather, it concerned Clyde Vernon Lovette and fellow petitioner Charles Lynch, … Read more

Revised Sex Offender Flow Chart (March 2013 Edition)

It’s time for another update to my sex offender flow chart. The latest version is available here. As in the prior versions, everything to do with sex offender registration is on the front and everything to do with satellite-based monitoring (SBM) is on the back. Here is a summary of the changes in the latest … Read more

The Post-Release Supervision Violation Hearing Process in a Nutshell

As expected, the number of people on post-release supervision (PRS) is on the rise. After Justice Reinvestment, all felons with offense dates on or after December 1, 2011 who serve active time receive PRS. The legislature projected that the addition of PRS for Class F-I felons would increase the number of post-release supervisees from 2,000 … Read more