Latest posts in category Uncategorized on North Carolina Criminal Law Blog

A few election seasons ago, a campaign sign advocating “Denning for Judge” was posted in our neighborhood. My son noticed it on the way home from school and said, “Mom:  Is Dad running for judge?”  “No, he isn’t,” I said.  Then, in a moment of pique, I said, “Actually, your dad isn’t qualified to be a judge. But I am.” Since I’ve obviously done such a great job teaching civics (and equal rights) to my children, I thought I’d share a bit with you about the selection, qualifications, and work of a North Carolina district court judge—a group of judicial officials with whom I frequently work.

Monday was Martin Luther King Jr. Day and Americans across the nation observed the national holiday and celebrated Dr. King’s contribution to the Civil Rights Movement.  ABC 11 reports here that N.C. State professor Jason Miller launched a website that contains a restored recording of a November 1962 speech that King delivered in Rocky Mount.  The website explains that King first delivered the famous “I have a dream” refrain during the Rocky Mount speech.  The tape recording of the speech was stored for nearly 50 years before being discovered in a library in 2013.  The analog tape was digitally restored and the nearly hour-long speech is now available for listening on the website.

A case from the court of appeals this week answered a longstanding question about which offenses are “aggravated” for sex offender registration and satellite-based monitoring (SBM) purposes.

Scholar john powell succinctly defines implicit bias as “a habit of the mind.” He explains that our brains have a natural tendency to form associations (for example, we might see a tall person and think “basketball player”) in order to make sense of the 5,000 or so images with which we are bombarded each day. This process happens rapidly at an unconscious level and helps us to navigate the world. However, concerns arise when our brains form associations between race and negative traits. For example, in one recent study, researchers concluded that participants held implicit associations between “Black” and “guilty,” and that such associations predicted how they would evaluate ambiguous evidence. A growing body of scholarship, discussed in the School of Government manual Raising Issues of Race in North Carolina Criminal Cases (see Section 1.3D in particular), suggests that such unconscious associations affect the perceptions and decisions of court actors, and may contribute to disparate treatment and outcomes in the criminal justice system.

The Charlotte Observer reports that North Carolina did not have a Powerball jackpot winner but that two tickets worth $2 million each were sold in the state, one in Raleigh and the other in Spring Lake.  According to the Chicago Tribune, lottery winners should hire lawyers before coming forward to claim their prizes.  According to the ABA Journal, if you participate with others in a ticket-buying group, it may be a good idea to consult with a lawyer before even buying tickets in order to avoid a potentially costly dispute regarding the terms of the joint purchase agreement.  The first thing we do, let’s hire some lawyers, as it were.

President Obama recently announced a series of executive actions and policy initiatives regarding gun violence. The President’s actions have been praised enthusiastically by some and condemned stridently by others. This post summarizes the actions and assesses their legality and likely effectiveness. In short, the actions are almost certainly lawful, but are unlikely to reduce gun violence significantly.

[Editor’s note: We’re trying a new system for the news roundup. Rather than having a faculty member, usually Jeff, compile the roundup, we’ve asked a staff attorney to take the lead most weeks.]

In the fortnight since the final news roundup of 2015, a group of armed protesters seized a building in a federal wildlife refuge in Oregon, President Obama announced new executive actions intended to reduce gun violence, Durham posted the job description for the city’s Chief of Police, and the new Star Wars film became the highest-grossing film in North America.  The news has wandered many a weary foot since auld lang syne, and it’s time to round it up:

Just before Christmas, the Supreme Court of North Carolina decided the Racial Justice Act cases that were argued back in April 2014. Rather than ruling on the merits, the court remanded the cases for further proceedings, concluding that the State should have been granted a continuance to allow it to respond to the inmates’ statistical study of jury selection across the state in capital cases.

It’s the last news roundup of 2015! The blog will be on its annual holiday hiatus for the next two weeks, resuming on Monday, January 4, 2016.

It was certainly a full news week. A Baltimore jury hung on manslaughter charges against an officer in connection with the death of Freddie Gray (Baltimore Sun), Disney World added metal detectors after a Florida lawyer was arrested last week trying to smuggle a handgun into the Magic Kingdom (Orlando Sentinel), and California proposed new rules “that could hobble the development of autonomous cars and even ban ‘driverless’ ones outright” (Jalopnik). Quite a bit happened here in North Carolina as well.

A federal judge has permanently enjoined all North Carolina district attorneys from enforcing G.S. 14-208.18(a)(3), the law intended to prohibit certain sex offenders from being at places where minors gather for regularly scheduled educational, recreational, or social programs.