News Roundup

Last week the North Carolina Department of Public Safety announced the creation of a new Youthful Offender Program and the elimination of the use of solitary confinement for offenders under the age of 18 who are confined in adult facilities.  An article from the News and Observer indicates that W. David Guice, Commissioner of Adult Correction and Juvenile Justice, has said that solitary confinement doesn’t result in positive behavioral change and that prison officials have been reducing its use even with adult inmates.  The mission of the Youthful Offender Program, which will be operated at Foothills Correctional Institution, is to “identify criminogenic risks and needs, and address those areas in order to promote public safety and enhance youth outcomes through education, behavioral, health treatment, life skills, and family/community reunification services.”  Keep reading for more news.

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News Roundup

Sadly, the mass shooting at the Pulse nightclub in Orlando early Sunday morning is the major criminal law news story this week.  Forty-nine victims were killed, fifty-three others were wounded, and the gunman died in a shootout with police.  The shooting is being characterized as a terror attack and a hate crime.  The shooter reportedly pledged allegiance to ISIS and the group has taken credit for the attack.  The attack is one of the deadliest criminal homicides in American history, but is not a unique example of hate-fueled violence in our country.  Keep reading for more news.

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Cyberbullying Statute Struck Down

Last week, the state supreme court unanimously ruled that a provision of North Carolina’s cyberbullying statute, G.S. 14-458.1, “violates the First Amendment.” The case is State v. Bishop, and the opinion is here. I previously wrote here about the court of appeals ruling upholding the statute. This post summarizes the case and discusses the new opinion.

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News Roundup

The case of a former Stanford University student, Brock Turner, who was convicted of sexually assaulting a woman at a party on the university’s campus is receiving national attention this week because Turner was sentenced to six months in county jail and three years of probation.  The case is viewed by some as an example of a privileged white person receiving an unjustifiably lenient sentence for a serious crime.  The Wall Street Journal has an overview article here. The Santa Clara County Superior Court Judge who sentenced Turner, Aaron Persky, has come under fire; an online petition calling for his recall has received nearly a million signatures.  The victim’s statement to the court, largely directed at Turner, has become popular online and is available here.  An editorial from the San Jose Mercury News arguing that Turner’s sentence was too light is available here.  An opinion piece from the same paper, written prior to sentencing, arguing that a jail rather than a prison sentence would be appropriate is available here, and a similar piece from the National Association of Public Defenders is available here.  Keep reading for more news.

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The Statutory Felony Disqualification for Self-Defense

I am working on a new edition of the self-defense book I wrote in 1996. As in the story of Rip Van Winkle, a lot has changed in twenty years. Most notably, the General Assembly adopted new statutes in 2011 on self-defense and related defenses. This blog post addresses one of those provisions, in G.S. 14-51.4, which disqualifies a person from relying on self-defense while committing, attempting to commit, or escaping from the commission of a felony. North Carolina appellate courts have not yet considered the meaning of this provision. Cf. State v. Rawlings, ___ N.C. App. ___, 762 S.E.2d 909 (2014) (felony disqualification did not apply to case in which defendant’s offense predated enactment of provision, and court expressed no opinion on proper construction of provision).

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