In a post last year, here, I discussed some of the issues related to sex offender registration for out-of-state offenses. Among other things, I noted a federal case in which a registrant challenged the constitutionality of North Carolina’s process (or, really, lack of process) for determining whether a conviction from another state is substantially similar to a North Carolina crime requiring registration. A subsequent case prompted a legislative change that is the main subject of today’s post.
Sentencing
Case Summaries – North Carolina Court of Appeals (July 7, 2020)
This post summarizes published criminal opinions of the Court of Appeals decided on July 7, 2020.
The North Carolina First Step Act
A new law provides a limited possibility of sentencing and post-conviction relief for certain defendants convicted of drug trafficking.
Absconding Continues to Come into Focus
Almost ten years after the Justice Reinvestment Act established a new statutory definition of absconding from probation, we’re starting to get a better sense of what behavior does and does not rise to the level of absconding.
Graphic Novels in Spanish
The School’s two graphic novels about how sentences are served have been translated into Spanish.
An Update on Prisons and Jails as the Courts Expand Operations
As the court system expands operations this week, people have questions about the current status of the correctional system. Today’s post covers some of the things we know.
New Paper on Restitution
Today’s post shares a short paper on restitution that I recently prepared for the Conference of District Attorneys. I thought it might also be useful to other audiences.
Another Case on Probation Hearings After Expiration
As the courts expand operations in the coming months, they’ll likely be holding probation violation hearings on cases where the probation period has already expired. A case decided by the Court of Appeals yesterday offers some insight into the type of findings needed to give a court jurisdiction to act.
Probation Issues Likely to Arise as the Courts Expand Operations
As Shea discussed on Monday, the court system will look to expand operations on June 1. Today’s post describes a few of the issues related to probation that are likely to arise in the months ahead.
Creative Sentencing in the Age of COVID-19
As the struggle to contain the COVID-19 crisis grinds on, including concerns about the possible spread of the virus in jails and prisons, there has been a renewed interest in finding alternatives to sentences that involve extended periods of incarceration. It will come as no surprise to regular readers of this blog that Jamie Markham has written about such alternatives many times over the years. But in light of the current health situation, I thought this would be a good opportunity to revisit some of those topics, collect them together in one post, and try to expand on a few of the suggestions and options.
I should also acknowledge that this post was prompted, at least in part, by the fact that I only recently learned about an unusual type of sentence known as the “Holbrook Holiday.”