Articles in the Sentencing category - Page 55 of 63

I’ve been asked a couple of questions related to forfeiture lately, which has led me to realize that I don’t know much about it. So I’ll offer a little information […]

Under G.S. 15A-1335, “[w]hen a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, the court may not impose a new sentence […]

I wrote about satellite-based monitoring (SBM) of sex offenders ten times in 2009. The court of appeals’ recent decision in State v. Phillips gives me my first occasion to write […]

Under G.S. 14-7.6, when a defendant is sentenced as a habitual felon, his sentence “shall run consecutively with and shall commence at the expiration of any sentence being served” by […]

Can a defendant be ordered to pay restitution based on offenses that did not result in a conviction? Of course a defendant should not be ordered to pay restitution for […]

Article 1, section 10 of the Constitution—the Compacts Clause—authorizes two or more states to enter into agreements or compacts with one another, provided they have the consent of Congress. Dozens […]

A longstanding lament of the corrections community in North Carolina has been the lack of a residential substance abuse treatment center for female probationers and parolees. In other words, there […]

In Ford v. Wainwright, 477 U.S. 399 (1986), the Supreme Court held that “the Eighth Amendment prohibits a State from carrying out a sentence of death upon a prisoner who […]

Last month the court of appeals decided State v. Mauer, an animal cruelty case. The defendant, Barbara Mauer, was charged with misdemeanor cruelty to animals after Cumberland County animal control […]

The Office of Indigent Defense Services (IDS) is studying data related to the disposition of seventeen types of misdemeanor charges during the 2009 fiscal year to determine whether decriminalization of […]