Latest posts in category Uncategorized on North Carolina Criminal Law Blog

An organization called Concerns of Police Survivors has designated today the first National Law Enforcement Appreciation Day. The organization argues that “[i]n light of recent negativity directed toward law enforcement nationally, there is a need to show law enforcement officers that our citizens recognize the difficult and sometimes impossible career they have chosen, in public service to us all.” It suggests taking steps like thanking an officer, wearing blue, or posting a positive story about police on social media.

Officers have a tremendous amount of power, and as a result face constant scrutiny. In my view, such scrutiny is entirely appropriate. At the same time, it is a great idea to recognize and to be grateful for the many officers who are doing their very best to perform a tough job. Especially given the recent assassination of two officers in New York and the overall increase in officer deaths in 2014 (discussed here in the Washington Post), today seems like a good a day to do so.

Still looking to make a new year’s resolution or two, besides reading this blog daily? This post recaps several suggestions from the ABA and NC Lawyers Mutual.

This will be the last blog post of 2014. It is also a full and interesting post — if I do say so myself — as it has been quite a busy news week, from the Supreme Court on down.

The nation and the state continue to discuss events in Ferguson, Missouri and in Staten Island, New York. One direct impact of the controversy in North Carolina is that the Legislative Black Caucus plans to introduce legislation in the 2015 session that would require law enforcement officers to wear body cameras, according to this WRAL story. The details of the proposal are not yet clear.

Now that I have your attention . . . .

Ever wonder what happens to those case summaries that you receive from me by email? (If you’re not getting them you’re not on my listserv; sign up for free here). I sort them by subject and add them to my Criminal Case Compendium, an online, fully searchable resource. The Compendium, now a whopping 514 pages long, turned six years old this month. [Editor’s note: Actually, last month — I was a little slow in getting this post up!] In honor of the Compendium’s birthday, here’s quick primer on using this free legal research tool.

Several grand juries have recently considered whether to charge white police officers with killing black men. We’ve already discussed the case in Ferguson, Missouri on this blog. Wednesday, a Staten Island, New York grand jury declined to indict officer Daniel Pantaleo in the death of Eric Garner. The New York Times has the story here. Then a South Carolina grand jury indicted officer Richard Combs for murder in the fatal shooting of Bernard Bailey, as Time reports here. Is it a small sample? A historic moment? A coincidence? An epidemic? Some or all of the above, depending on your point of view.

Have you ever been convicted of or pleaded nolo contendere (no contest) to any violation of the law other than minor traffic tickets?

Millions of people, many of whom were convicted of petty crimes, must answer this question (a favorite of employers) in the affirmative. Indeed, the Wall Street Journal reported in a recent article on the processing of misdemeanor crimes that nearly 1 in 3 Americans has a criminal record.  While those records are based on arrests, not convictions, a substantial percentage of people charged with misdemeanor offenses are convicted.  North Carolina’s district courts, for example, disposed of more than 450,000 misdemeanor (non-traffic) criminal cases in the 2013-2014 fiscal year.  A third of those cases resulted in convictions. 

Short week, short news roundup. National attention remains focused on Ferguson, Missouri, where attorneys for Michael Brown’s family have weighed in on the prosecutor’s handling of the grand jury proceedings concerning Brown’s shooting. The attorneys “criticized everything from the types of evidence . . . presented to the jury to the way it was presented and the timing of the grand jury’s decision,” according to this story on WRAL. There were several Ferguson-related protests locally, including one that blocked a freeway in Durham. Opinion is certainly divided about the prosecutor’s management of the process, as this Think Progress story notes.

Emily Coward and I are glad to share a new resource with you: a reference manual entitled Raising Issues of Race in North Carolina Criminal Cases. If you are a person who likes to have a hard copy on the shelf, you can buy it here. Like our other manuals, it is available for free online at http://defendermanuals.sog.unc.edu. (The electronic platform has been retooled, and I think you will find that it has a nice look and is user-friendly.)

I love highlighting my colleagues’ great work on the blog. Shea already announced her new book this week, but also check out Jessie Smith’s interview on WUNC, talking about the backlog at the State Crime Lab and the practical solutions a working group identified. And take a look at the new electronic platform for all the manuals produced by the School’s Indigent Defense Education group. As a teaser, next week, the blog will feature a newly-released manual that is available on the platform.