I get a lot of questions about court costs and other monetary obligations. Jail fees seem to be a particular concern. Let’s talk about all the money that could change hands for every day an inmate spends in jail.
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News Roundup
Yet again this week, our nation confronts the tragedy of a mass shooting. Nineteen-year-old Nikolas Cruz has been charged with 17 counts of murder following an attack on Wednesday at Marjory Stoneman Douglas High School in Florida. Cruz was a student at the school but had been expelled. For perspective on where this incident falls among the more than 40 active shooter episodes at schools in the United States since 2000, 12 people were killed at Columbine and 26 were killed at Sandy Hook; two were killed last month in Kentucky. Three of the 10 deadliest mass shootings in modern United States history have occurred in the last five months. Keep reading for more news.
Victim Impact Evidence at Sentencing
The recent sentencing hearings for U.S.A. Gymnastics doctor Larry Nassar showed the power of victim impact testimony. Victim after victim testified about Nassar’s abuse and the harm it has caused. Today’s post covers the appropriateness of that type of testimony in North Carolina.
Probable Cause and Child Pornography
Shea blogged last week about State v. Terrell, a case in which the defendant’s girlfriend saw on one of the defendant’s USB drives an “image of [the girlfriend’s] nine-year-old granddaughter sleeping without a shirt.” She called the police, and an officer found additional images of “partially or fully nude minors” on the drive. The officer sought and obtained a search warrant that led to the discovery of child pornography. Shea’s post, and the case itself, focused on the officer’s initial warrantless search and whether it was justified under the private search doctrine. But the court’s recitation of the facts reminded me of another common issue in child pornography cases: how much information about an image must an officer provide in order to establish probable cause that the image constitutes child pornography?
News Roundup
As the Associated press reports, last week United States Immigration and Customs Enforcement announced a new policy regarding immigration arrests at courthouses. The policy appears to suggest that ICE primarily will enter courthouses to arrest specific “targeted aliens” who have criminal convictions, are gang members, pose a threat to public safety, have been ordered removed from the United States, or have illegally re-entered the country after being removed. The policy says that aliens encountered in the process of making an arrest of a targeted person, such as the target’s family members or friends, will not be arrested “absent special circumstances.” Keep reading for more news.
Substance Abuse Treatment Isn’t Medical or Psychiatric Treatment for Probation Purposes
A special purpose extension of probation is permitted only for certain specified purposes. According to a case decided earlier this week, substance abuse treatment isn’t one of them.
Evidence Issues Involving Children
Many years ago my colleague Janet Mason recruited me to teach about evidence issues in abuse, neglect, dependency, and termination of parental rights cases. She asked because most of the appellate law was criminal. After some grumbling, I produced a skinny 10-page paper in 2001. I’ve been adding to it ever since, and it has grown to a much longer chapter in the just-released 2017 edition of Abuse, Neglect, Dependency, and Termination of Parental Rights Proceedings in North Carolina. Although the manual is not about criminal cases, it may be helpful to those who work in the criminal courts. You can access the manual at no charge here. You can jump directly to the evidence chapter here.
The Rape Kit Backlog and What’s Being Done about It
In 1985, Anthony Wyrick sexually assaulted two teenage girls in Charlotte. The police collected semen and other biological evidence but DNA testing was not available at that time and the crime went unsolved. Almost 30 years later, the case came to the attention of the Charlotte-Mecklenburg Police Department’s sexual assault cold case unit. Officers submitted the biological evidence for DNA testing. The results pointed to Wyrick, who lived near the scene of the crime in 1985 and who had since been convicted of an unrelated second-degree rape. Wyrick was eventually arrested, charged, and convicted. His conviction was affirmed last month in State v. Wyrick, which I how I learned of the case. Reading it got me wondering about the status of what is popularly known as the rape kit backlog.
News Roundup
Larry Nassar was back in Michigan court this week for another sentencing hearing arising from a November guilty plea to three counts of criminal sexual conduct. The New York Times says that 65 women are scheduled to speak at this hearing. USA Today reports that the Nassar case has caused Texas Governor Greg Abbott to direct the Texas Rangers to investigate the Karolyi Ranch, a former National Training Center for USA Gymnastics run by Bela and Marta Karolyi. Several victims have alleged that Nassar abused them at the ranch. Keep reading for more news.