A UNC School of Government Blog
Last week I wrote about the North Carolina law that makes it a crime for any registered sex offender to use a commercial social network, G.S. 14-202.5. In that post I noted that similar laws in other states have been overturned or limited on First Amendment grounds, and that litigation on the constitutionality of our … Read more
In last week’s news roundup, Shea mentioned Doe v. Prosecutor, Marion County, Indiana, a recent case in which the United States Court of Appeals for the Seventh Circuit struck Indiana’s law prohibiting sex offenders from using social networking websites on First Amendment grounds. North Carolina has a similar crime, a Class I felony under G.S. … Read more
Yesterday’s post was about the prior record point that applies when all the elements of the offense being sentenced are included in one of the defendant’s prior offenses. Today’s post is about the other sentencing bonus point, which applies when the offense being sentenced was committed while the defendant was on probation, parole, or post-release … Read more
In addition to the regular sentencing points assigned to a defendant based on his or her prior convictions, there are two additional “bonus points” that apply in certain circumstances. One is for defendants being sentenced for crimes committed while they were probation, parole, or post-release supervision; serving a sentence of imprisonment; or on escape. G.S. … Read more
As I traveled around the state teaching about the Justice Reinvestment Act, I had lots of discussions about the various types of confinement that can now be ordered in response to a probation violation (splits, dips, dunks, and so forth—they’re all catalogued here). That conversation almost always included a discussion of jail credit. The general … Read more
“Only an idiot drives on the sidewalk to avoid a school bus.” So read a sign that an Ohio judge ordered a woman to wear after being convicted for the acts caught on video here. Apparently it was not an isolated incident. A parent whose daughter rode the bus said the defendant “did this almost … Read more
In 2008 the General Assembly enacted two new crimes, rape of a child by an adult offender under G.S. 14-27.2A, and sexual offense with a child by an adult under G.S. 14-27.4A. S.L. 2008-117. Both crimes have special sentencing rules and special provisions for lifetime satellite-based monitoring. Today’s post responds to some of the questions … Read more
Thanksgiving is my favorite holiday. It puts me in a good mood. I suspect that certain holidays put other people — like judges — in a good mood, too. And there’s some evidence that judges’ sentencing decisions are influenced by factors similar to mood, like the widely-reported study showing that tired judges deny parole more … Read more
Over the weekend we observed Veterans Day. Thank you to all who have served. [Editor’s note: Jamie is himself an Air Force veteran, as he mentions below, so thanks to him for his prior service in addition to his current outstanding work.] The holiday calls to mind the sentencing mitigating factor set out in G.S. … Read more
Recent changes to G.S. 7A-304 (discussed in my previous post) make it more likely that a judge will impose court costs on a defendant who receives an active sentence. Costs now apply by default in active punishment cases, and they may only be waived upon written findings of just cause. Not surprisingly, a frequently asked … Read more