According to a new survey from the Pew Research Center, the nation’s police officers say that “recent high-profile fatal encounters between black citizens and officers have made their jobs riskier, aggravated tensions between police and blacks, and left many officers reluctant to fully carry out some of their duties.” In a survey of more than 8,000 officers, roughly three-quarters of respondents said that they are more reluctant to use force when it is appropriate and a similar number reported less willingness to stop and question people who seem suspicious. While these results are generating headlines, the survey is wide-ranging and includes a variety of information about officers’ experiences in a challenging profession to which an overwhelming majority (96 percent) feel strongly committed. Keep reading for more news.
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Sentencing Handbook for 2016-2017 Now Available
The 2016-2017 edition of the North Carolina Sentencing Handbook with Felony, Misdemeanor, and DWI Sentencing Grids, authored by me and Shea, is available from the School of Government. Like previous editions, it contains instructions on felony sentencing, misdemeanor sentencing, and DWI sentencing; the sentencing grids themselves; and various appendices that may be helpful in your work.
North Carolina Supreme Court Upholds Search of Vehicle Located on Premises as Within Scope of Search Warrant
The North Carolina Supreme Court in State v. Lowe (December 21, 2016) ruled that a search warrant validly authorized a search of a vehicle parked on the driveway of the premises and within its curtilage, and it reversed a contrary ruling by the Court of Appeals (State v. Lowe, 774 S.E.2d 893, 21 July 2015). This post discusses the supreme court’s ruling.
State Supreme Court Rules that the State Bar Can’t Discipline a Sitting Judge for Judicial Misconduct
Judges are lawyers, and lawyers are subject to discipline by the State Bar. Does that mean that judges are subject to discipline by the State Bar? Generally not, according to a recent ruling by the Supreme Court of North Carolina.
News Roundup
As the New York Times reports, the sentencing phase of Dylann Roof’s federal death penalty trial began this week following his December conviction on thirty-three charges arising from murdering nine people at a church in Charleston, South Carolina. Roof is representing himself during this phase of the trial. In a brief opening statement, Roof repeatedly told jurors that he was not mentally ill. In what is described as a “white supremacist manifesto” disclosed during the prosecution’s opening statement, Roof wrote that he did not regret his actions and had “not shed a tear for the innocent people I killed.” An opinion piece from NBC News argues that Roof “has a constitutional right not to try to spare his own life.” Keep reading for more news.
Petitions to Terminate Sex Offender Registration: Moir Tiers
Last month the supreme court decided State v. Moir. It is a case about how a state sex crime—namely, indecent liberties with a child—fits within the offense tiering system set out in the federal Sex Offender Registration and Notification Act (SORNA).
Welcome, Phil Dixon
I want to kick off 2017 by welcoming the School of Government’s new Defender Educator, Phillip R. Dixon Jr. Today is his first day on the job. You can already reach him at dixon@sog.unc.edu and 919.966.4248.
News Roundup
Stories about heroin and opioids have been a hot topic in the News Roundup this year as jurisdictions across the state and country have struggled with an unprecedented surge in overdoses. CBS News reports that a record number of Americans died from drug overdoses last year. Heroin deaths rose twenty-three percent to nearly thirteen thousand deaths, a figure which exceeds the number of gun homicides over the same period of time.
Keep reading for the final blog post of the year – the North Carolina Criminal Law blog is signing off for the holidays and wishing our readers a safe and happy season. We’ll have new posts beginning January 3.
FAQ on Consecutive Sentences for Misdemeanors
The rules limiting consecutive sentences for misdemeanors can be tricky. This post addresses some of the issues that come up from time to time.
New 2016 Edition of Arrest, Search, and Investigation Is Now Available
The new edition of Arrest, Search, and Investigation in North Carolina, Fifth Edition, 2016 is now available. Continue reading for additional information.