A UNC School of Government Blog
In some states, theft of an automobile is a felony regardless of the value of the vehicle. See, e.g., Fla. Stat. § 812.014. Not so in North Carolina. Motor vehicles don’t have any special status under our larceny statute, G.S. 14-72. Therefore, theft of an automobile is a misdemeanor unless the vehicle is worth more … Read more
Lots of interesting news this week, so let’s get right to it: Constitution Day. It was Constitution Day this week, the 227th anniversary of the constitutional convention’s proposal of what became our Constitution. Why not have Constitution Day on the anniversary of ratification? Because, as Kent Scheiddeger notes in this interesting post at Crime … Read more
You know I love a chart. I’ve made sex offender charts, Justice Reinvestment charts, maximum sentence charts, and drug trafficking charts. You should see the charts I make for family vacations! Today’s post presents a new chart detailing the proper place of confinement for all sorts of incarceration that a court might order, either at … Read more
During the second phase of a capital trial, the jury must decide whether to sentence the defendant to death or to life in prison. The jury’s perception of prison life may influence that decision. If the jury believes that prison life is comfortable, it may be more inclined to impose a death sentence, while if … Read more
Ray Rice is, or was, an NFL player. He punched his then-fiancee, now wife, at a New Jersey casino, knocking her unconscious. He was charged with a felony assault but entered a deferred prosecution program, and the NFL suspended him for two games . . . and then the video hit the internet, and a … Read more
I spent a few minutes this morning looking at death penalty data. As most readers know, North Carolina hasn’t had an execution since 2006, as a result of litigation over lethal injection and the Racial Justice Act. But the death penalty remains on the books, the State may seek it, and juries may impose it. … Read more
On Friday, a panel of the court of appeals decided an interesting electronic sweepstakes case. The case is Sandhill Amusements, Inc. v. Sheriff of Onslow Co. It generally upheld a preliminary injunction against the Onslow County Sheriff and the District Attorney, barring them from enforcing the electronic sweepstakes statute against certain businesses. [Update: although the DA is … Read more
My next few posts will discuss this session’s legislative changes related to sentencing and corrections. Today’s post covers some pending changes related to confinement in response to violation (CRV, sometimes referred to as a “dunk”). CRV is incarceration ordered in response to a technical violation of probation—meaning a violation other than a new crime or … Read more
In North Carolina, the top story is the exoneration of Henry McCollum and Leon Brown, who were incarcerated for over 30 years in connection with the rape and murder of 11-year-old Sabrina Buie. DNA evidence links another man to the crime, and the prosecutor is reportedly considering bringing charges against him. McCollum was on death … Read more
North Carolina inmates are not allowed to have tobacco products, and other people are not allowed to give tobacco products to them. This session, the legislature changed the law—twice—to address the use of vapor products (like e-cigarettes) in our prisons and jails. Today’s post discusses those changes, beginning with some background on existing law. My … Read more