Suppose that a police officer in a North Carolina city shoots and kills a person in an encounter that began with a traffic stop. There is extensive media coverage of the shooting. The mother of the person who died tells reporters that her son was driving home from work and never made it home. She describes her son as “a hard-working boy who never caused trouble for anybody.” The police chief has seen the recording from the officer’s body-worn camera. That footage shows the suspect jumping from his car and pointing a gun at the officer. The police chief wants to provide a copy of the recording to local reporters. May she do so?
Uncategorized
News Roundup
The week began with news that one of the men accused of murder in the death of Wake County Sheriff Deputy Ned Byrd had escaped from a Virginia jail early Sunday morning. Alder Alfonso Marin-Sotelo was being held at the Piedmont Regional Jail in Farmville, Virginia on federal gun charges when he escaped around 1 a.m. Another inmate, Bruce Callahan, who also has North Carolina connections, escaped late Sunday night.
Unfortunately, jail staff did not notice that either inmate was missing until after 3 a.m. Monday, giving Marin-Sotelo more than a day’s head start. The FBI joined the search Monday and promptly arrested Marin-Sotelo’s sister in High Point alleging that she paid someone to leave in the jail parking lot the getaway car that Marin-Sotelo used to flee the area.
Yesterday Marin-Sotelo was captured by Mexican authorities in Guerrero, more than 2,400 miles from Farmville, Va. He now faces federal charges for escape in addition to the pending state charge for murder. Callahan, who was convicted of federal drug charges, is still at large.
The Role of Administrative Traffic Offenses in the North Carolina Criminal Justice System
This post explores the large role that administrative traffic offenses play in the state’s criminal justice system. The Lab’s Measuring Justice Dashboard shows that non-violent misdemeanor charges make up the bulk of the state system (Figure 1). Figure 1. Composition of Charges in the State System, 2021 Figure Note: DWI refers to impaired driving offenses. … Read more
Authenticating Photographs Obtained from Social Media Platforms
In my last post, I wrote about how a party might authenticate a Facebook direct message or other text-based electronic communication. That post focused on how the proponent of the evidence might establish who wrote the message, i.e., authorship. But what if a party wants to introduce a photograph that was posted on a social media platform? The concept of authorship doesn’t really apply, and in the age of Photoshop and AI-generated images, courts may have serious concerns about the accuracy of online images.
News Roundup
The state legislature continues to be in full swing. While much talk here on campus centers on a bill that would eliminate academic tenure, the criminal justice community is likely more interested in legislation that would expand warrantless cell phone surveillance. WRAL reports here that “[p]olice could track people’s cell phones in real time — without a warrant — under a bill that passed a state House committee Wednesday.” The bill in question is H719, and at a glance, it would allow the SBI to use a pen register or trap and trace device without court approval for up to 48 hours to find a runaway child or missing person, or when there is “immediate danger of death or serious bodily injury.” The bill has passed out of a House committee but its ultimate fate is uncertain. Keep reading for more news.
Transitions in Defender Work at the School of Government
Dear Friends,
I am writing to let you know of some changes in the work we do at the School of Government for defenders and others who work in the North Carolina court system. The short version is this: I will go half-time beginning July 1 this year; the School intends to hire a new faculty member to work in criminal law, with a focus on issues affecting defenders; and Phil Dixon will become the director of the Public Defense Education program at the School. Read on for more details.
Determining Disposition Level in Delinquency Cases
Determination of the correct disposition level available in a delinquency case requires a four-step process.
- Identify the offense for which disposition is being entered (hereinafter referred to as the “disposition offense”).
- Identify the offense classification for the disposition offense.
- Calculate the juvenile’s delinquency history level.
- Use the disposition chart to identify the corresponding level or levels for the case.
News Roundup
WRAL reports here on renovations at the State Crime Laboratory. The renovations, supported by a $5 million appropriation, include “a new design for the Drug, Chemistry and Toxicology wing” that allows more space for analysts and scientific work. The idea is to improve workflow and reduce backlogs – a goal on which virtually everyone can agree. Keep reading for more news.
How Can a Party Show Authorship of a Social Media Post or Other Electronic Communication?
Suppose that a defendant is charged with possessing fentanyl with the intent to sell it. The state’s evidence includes a Facebook direct message, purportedly from the defendant to an informant, saying “just got some China Girl, you want any?” An officer took a photograph of the direct message as it appeared on the informant’s smartphone, and everyone is satisfied that the photograph fairly and accurately depicts the message. But the defendant objects to the introduction of the message on the grounds that there’s no way to be sure that he wrote it. How might the state respond?
News Roundup
A 21-year-old Massachusetts man has been arrested in connection with the recent leak of classified documents concerning the war in Ukraine. His name is Jack Teixeira, and he is an IT specialist and a member of the Air National Guard. WRAL reports here that “Attorney General Merrick Garland said he is to be charged with removing or transmitting classified national defense information, a crime under the Espionage Act.” Keep reading for more news.