A defendant is sentenced to 10–21 months for a Class H felony. How much time will he or she actually serve? What about a Class D felon sentenced to 59–83 months?
Uncategorized
The State Bar Addresses Lawyers, Judges, and Social Media
The North Carolina State Bar recently adopted 2014 FEO 8, an ethics opinion concerning lawyers’ and judges’ use of social media. The opinion answers some questions, but raises others.
News Roundup
There’s so much going on around the state that this edition of the news roundup features only North Carolina news. First, the Administrative Office of the Courts has a new director. Judge John Smith, who has led the agency for several years, is stepping down. District Court Judge Marion Warren, from the southeastern part of the state, has been appointed as interim director.
Must a Pawn Shop Return Stolen Property to Its Owner?
Imagine that someone breaks into your house and steals something. Let’s say it’s a laptop. A week later, you see the laptop in a pawn shop. You want it back, but the shop owner says that he paid $200 for it. Must the shop owner give it back to you for free? Sell it back to you for what he paid for it? Or is he free to sell it to you on whatever terms the two of you negotiate?
Sentencing Whiteboard: Advanced Supervised Release
Advanced Supervised Release was created in 2011. Today’s post is a video that explains who is eligible for ASR, how to calculate an ASR date, how to fill out an ASR judgment, and what the law means for the defendant as a practical matter.
BATFE’s Proposed Bullet Ban
Regular readers know that I try to keep abreast of changes in gun laws, both because guns are involved in a significant number of serious crimes and because the gun laws themselves are often criminal provisions. There’s been considerable recent media coverage of a proposal by the Bureau of Alcohol, Tobacco, Firearms, and Explosives to change the legal status of a specific type of ammunition. Depending on who you talk to, the move is either a technical reclassification that will improve officer safety at no significant cost to law-abiding gun owners, or President Obama’s first step towards gun control by executive action. As usual for a School of Government piece, this post doesn’t take a side, but does provide some facts.
News Roundup
Nationally, the top story once again centers on Ferguson, Missouri. The United States Department of Justice made two announcements there this week. First, it announced that it would not charge former Ferguson officer Darren Wilson with any federal crime in connection with the shooting of Michael Brown. The memorandum explaining the decision is here. It exhaustively examines the available evidence and concludes in part:
Under the law, it was not unreasonable for Wilson to perceive that Brown posed a threat of serious physical harm, either to him or to others. When Brown turned around and moved toward Wilson, the applicable law and evidence do not support finding that Wilson was unreasonable in his fear that Brown would once again attempt to harm him and gain control of his gun. There are no credible witness accounts that state that Brown was clearly attempting to surrender when Wilson shot him. As detailed throughout this report, those witnesses who say so have given accounts that could not be relied upon in a prosecution because they are irreconcilable with the physical evidence, inconsistent with the credible accounts of other eyewitnesses, inconsistent with the witness’s own prior statements, or in some instances, because the witnesses have acknowledged that their initial accounts were untrue.
Second, the Department announced the results of its inquiry into the operation of the Ferguson Police Department more broadly. That report is here. It hits hard, including this statement from the summary:
Ferguson’s law enforcement practices are shaped by the City’s focus on revenue rather than by public safety needs. This emphasis on revenue has compromised the institutional character of Ferguson’s police department, contributing to a pattern of unconstitutional policing, and has also shaped its municipal court, leading to procedures that raise due process concerns and inflict unnecessary harm on members of the Ferguson community. Further, Ferguson’s police and municipal court practices both reflect and exacerbate existing racial bias, including racial stereotypes. Ferguson’s own data establish clear racial disparities that adversely impact African Americans. The evidence shows that discriminatory intent is part of the reason for these disparities. Over time, Ferguson’s police and municipal court practices have sown deep mistrust between parts of the community and the police department, undermining law enforcement legitimacy among African Americans in particular.
Offense Date for Habitual Felon Indictments
A recent conversation reminded me about a question I’ve received several times over the years: On a habitual felon indictment, what should be listed as the offense date? The two main choices are (1) the date of the substantive felony with which the defendant is charged, and (2) the date of the last of the defendant’s previous convictions, i.e., the date that the defendant became a habitual felon.
Pattern Jury Instructions Now Available for Free Online
Yesterday, I received the following announcement from a colleague here at the School. I thought that it was worth sharing in its entirety:
The North Carolina Pattern Jury Instructions (PJI) are now available, for free, in PDF Format in an Online Library from the UNC Chapel Hill School of Government. The Pattern Jury Instructions also remain available in hard copy and software formats.
Restitution for Rewards
Suppose a crime victim offers a reward related to a crime—money for information leading to the return of stolen property, or perhaps information leading to the apprehension of an assailant. If the reward works and leads to a person’s conviction, may the court order the defendant to pay the victim restitution for the reward? Today’s post considers that question, and the related question of whether it is proper to order restitution to third parties that offer rewards, like crime stoppers.