For U.S. readers, the title of this post may not seem quite right. You’ve heard of stops, based on either reasonable suspicion or probable cause, and frisks for weapons following a stop. You know about racial disparities in criminal justice data. But, what’s stop and account? Stop and search? And, how do they differ from stops and frisks? As I’m in London for the fall, the answer is pretty obvious that these terms refer to police authority in the UK. What may be less obvious is how this authority resembles the stopping powers of law enforcement officers in the US.
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Triple Testimony: Expert Witness, Fact Witness, and Lay Opinion
Like most of the rest of the country, I followed the recent confirmation hearings for Judge (now Justice) Kavanaugh with great interest.
As the readers of this blog already know, Dr. Christine Blasey Ford testified before the Senate Judiciary Committee that Judge Kavanaugh sexually assaulted her in high school. Much of her testimony recounted her recollection of that event, but some of her testimony was of a different nature. In addition to telling the Committee what she recalled, Dr. Ford also described the biological and chemical processes of memory itself, such as the way that neurotransmitters encode memories into the hippocampus.
In other words, Dr. Ford testified in dual roles: she was both a fact witness and a de facto expert witness.
Most of us will never participate in a Supreme Court confirmation hearing, but a similar type of dual testimony can arise in criminal trials in state court, and it raises some interesting issues.
NC Supreme Court Broadens Coverage of “Maintaining a Dwelling”
G.S. 90-108(a)(7) makes it a crime to maintain a store, dwelling, vehicle, boat, or other place for the use, storage, or sale of controlled substances. My NC Crimes book states the elements of the offense:
A person guilty of this offense
(1) knowingly
(2) keeps or maintains
(3) a store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or other place
(4) (a) being resorted to by persons unlawfully using controlled substances
(b) being used for unlawfully keeping or selling controlled substances.
News Roundup
As the New York Times reports, seven law enforcement officers from Florence, South Carolina, were shot on Wednesday as they attempted to serve a search warrant. One officer was killed. Many of the details of the incident were unclear at the time of this writing, but it appears that the suspect, Fred Hopkins, opened fire with a high powered rifle from a tactically advantageous position, requiring that officers in the line of fire be rescued with a hardened military-style vehicle. The Charlotte Observer says that the officer who was killed, detective Terrence Carraway, spent 30 years with the Florence Police Department, was an Air Force veteran, and was known among his colleagues as the bravest officer on the force. Keep reading for more news.
What We Can Learn from Jack the Ripper
The murders in London in 1888, attributed to Jack the Ripper, were bloody and bizarre. The Ripper tour the students and I took, graphically narrated by our guide, was stomach turning. The murders involved not only the slashing of several women’s throats but also the removal of their internal organs, including their uteruses. These grisly murders drew widespread public attention (and continue to fascinate people today). Why were such horrific crimes the subject of so much interest?
Changes to the Drug Trafficking Chart
Legislation that will come into effect on December 1, 2018, made some changes related to drug trafficking.
First Monday in October: Preview of the New Supreme Court Term
While most news outlets focus on whether Judge Brett Kavanaugh will be confirmed as an Associate Justice on the Supreme Court, the Court has quietly kicked off a new Term. What criminal law cases does the Court have in store?
News Roundup
The Senate Judiciary Committee hearing on the allegations of sexual assault leveled against Judge Brett Kavanaugh by Dr. Christine Blasey Ford was the major news of the week. Both Kavanaugh and Blasey Ford testified before the committee, with Kavanaugh flatly denying the alleged assault and Blasey Ford declaring that she was certain that Kavanaugh attacked her. Republican committee members ceded their time for questioning to Arizona prosecutor Rachel Mitchell while Democrats questioned Blasey Ford directly. That approach resulted in an unusual proceeding that sharply alternated in five minute segments between a trial-like examination of Blasey Ford and a more traditional Senate committee hearing. Keep reading for more news.
A Short Brief on Representation by Counsel in the UK
Our trip to Middle Temple, one of the four Inns of Court in London, did not disappoint. It is physically stunning, a collection of beautiful courtyards and historic buildings. As important, it is a center of education, activity, chambers (law offices), and support for legal professionals. Plus, if you’re a member or a lucky guest, you get to eat in the Middle Temple “cafeteria”:
Absconding from Probation: Supreme Court Affirms Krider
In State v. Krider, __ N.C. App. __, 810 S.E.2d 828 (2018) (discussed here), a divided court of appeals vacated the defendant’s probation revocation based on absconding. Last week, the supreme court affirmed the court of appeals. Today’s post considers what Krider tells us about absconding—and what constitutes sufficient proof of any probation violation.