A UNC School of Government Blog
After Alyson’s post from yesterday, I thought it might be a good time to recap some of the other sentence credit issues our courts have addressed over the years. These decisions are grounded in G.S. 15-196.1, which requires credit for the “total amount of time a defendant has spent, committed to or in confinement in … Read more
Editor’s note: SOG faculty member Alyson Grine — today’s guest blogger — holds the position of Defender Educator. As her title suggests, her principal client group is public defenders and court-appointed lawyers, but she frequently addresses issues of concern to all participants in the criminal justice system. Assistant Public Defender “Tom” from eastern North Carolina … Read more
Editor’s note: This post was originally intended to be a response to a comment to a post about sentences of banishment. The initial post, here, considered a federal sentence that forbade the defendants from a particular county during their supervised release, and concluded that North Carolina courts lack the power to impose a similar sentence. … Read more
A life sentence has not always meant a person’s natural life in North Carolina—probably. Under G.S. 14-2 as it existed for offenses committed after April 8, 1974, but before July 1, 1978, a “sentence of life imprisonment shall be considered as a sentence of imprisonment for a term of 80 years in the State’s prison.” … Read more
G.S. 90-96 is one of the densest, most used, and most misunderstood statutes on the books. Let’s try to unpack it a little bit. There are two distinct subsections under which cases may fall — subsections (a) and (a1) — and the two subsections are different in scope and in effect. We’ll start with subsection … Read more
The First Circuit recently upheld a district court’s imposition of a special condition of supervised release banning two convicted drug dealers from Suffolk County, Massachusetts (basically, Boston) during the entirety of their eight- and twelve-year periods of supervision (United States v. Garrasteguy). The case caught my eye for two reasons. First, that’s a long time … Read more
An article in last Saturday’s paper talked about Governor Perdue’s proposed changes to the probation system. Part of her plan would give probation officers access to probationers’ juvenile records, which reminded me of a related issue I have been meaning to write about: using juvenile adjudications as an aggravating factor at sentencing. Under G.S. 15A-1340.16(d)(18a), … Read more
Over the past few months I’ve been getting some really interesting questions about contempt. Disclaimer: The real experts on our faculty when it comes to contempt are John Saxon, Michael Crowell, and Cheryl Howell—I’m just dabbling here. But there’s a connection to my field (sentencing), in that many of the questions I’m getting relate to … Read more
The Pew Center on the States just released a new report entitled One in 31: The Long Reach of American Corrections. It’s available here, and a couple of news stories about it are here and here. The title reflects the proportion of American adults that is under some form of “correctional control,” i.e., in prison, … Read more
It has become clear to me in my work with judges and lawyers around the state that use of prayer for judgment continued—a practice virtually unique to North Carolina, at least by that name—varies. The long-running James Johnson case in Wilson concluded last week with a PJC (story here), prompting me to make the first … Read more