Uncategorized Archives – Page 24 of 310 – North Carolina Criminal Law

Updated Chapters in Superior Court Judges’ Benchbook

July 27, 2023 Shea Denning

I’m writing this week to let readers know that several chapters in the criminal law section of the Superior Court Judges’ Benchbook, a resource created and formerly edited by my colleague Jessica Smith, have been updated. The chapters are written to guide the work of superior court judges, but are nevertheless useful for all criminal … Read more

The Adolescent Brain and Mens Rea

July 24, 2023 Jacquelyn Greene

Delinquency adjudications and criminal convictions of minors who have been transferred to Superior Court for trial as adults both require that the elements of the offense charged are proved beyond a reasonable doubt, including that the required criminal state of mind, or mens rea, existed. The adolescent mind has been the subject of substantial scientific research. This research grounded several United State Supreme Court decisions related to criminal punishment of minors and when Miranda warnings are necessary. However, the question of how the science of adolescent brain development does or does not connect to the mens rea requirements of various offenses is not well litigated. The North Carolina Court of Appeals dipped a toe in this area in its recent ruling in State v. Smith, __ N.C. App. __ (June 6, 2023).

Illinois Supreme Court Upholds Legislative Abolition of Cash Bail

July 19, 2023 Jeff Welty

On my drive home yesterday, I heard a news story on the radio. The report indicated that the Illinois Supreme Court had just upheld a law completely eliminating financial conditions of release in the Prairie State – apparently making it the first state in the country to abolish cash bail. The story didn’t detail the legal arguments at issue in the case, or even who had challenged the law. Given the national interest in bail reform, I thought the Illinois case might be a harbinger of things to come elsewhere, so I looked into it. This post briefly summarizes what I learned.

News Roundup

July 17, 2023July 14, 2023 Phil Dixon

According to WRAL and other sources, seven homes and one business have been damaged in six fires in Durham since July 2. The homes are all in the same area of town and were vacant at the time. Authorities believe the fires were intentionally set and are actively seeking information from the public about possible suspects. Read on for more criminal law news.

Midyear Review of Criminal Law Legislation

July 12, 2023July 12, 2023 Brittany Bromell

The North Carolina General Assembly has been hard at work this legislative session, having already passed several bills affecting criminal law and procedure. There are a handful of laws that have already taken effect. As is typically the case, most of the other laws have an effective date of December 1 to allow the courts to prepare for the changes. This post provides a brief summary of the criminal law and related legislation enacted thus far during this legislative session.

Xylazine: What Legal and Public Health Professionals Need to Know

July 10, 2023 Phil Dixon

The drug xylazine has been in the news recently as a dangerous substance commonly mixed with heroin, fentanyl, and other drugs. Xylazine is not an opioid nor is it currently a controlled substance, which presents unique challenges for legal and public health professionals. This post, co-written by SOG faculty members Kirsten Leloudis and Phil Dixon, examines the legal and public health issues surrounding the drug.

News Roundup

July 7, 2023 Shea Denning

People across the country gathered on Tuesday to celebrate Independence Day. Sadly, celebrations in Philadelphia, Pennsylvania and Shreveport, Louisiana were marred by mass shootings. Forty-year-old Kimbrady Carriker is accused of killing five people – including a 15-year-old boy – after he fired randomly along several blocks of a southwest Philadelphia neighborhood. CNN reports that Carriker, who had a previous gun conviction, was armed with an AR-style rifle and a 9 mm handgun – both privately made ghost guns — and was wearing a bulletproof vest.

Meanwhile, in Shreveport, four people were killed and at least seven others injured during a Fourth of July block party when multiple unidentified men exchanged gunfire. First responders had difficulty getting to the victims because of the number of vehicles at the gathering. No suspects have yet been arrested. CNN has the story here.

Civilian Traffic Enforcement Comes to North Carolina

July 5, 2023 M. Jeanette Pitts

Editor’s note: We are pleased to welcome M. Jeanette Pitts to the blog as an author. Jeanette is a Legal Research Specialist at the Criminal Justice Innovation Lab.

According to a report by the North Carolina Division of Motor Vehicles, there were over 250,000 traffic crashes in 2021 (276,026, to be exact). Even when crashes involving fatalities and injuries are removed from that figure, the number of crashes involving only property damage still hovers at 200,000. A glance at past year figures and the five-year average reveals that the number of crashes involving only property damage has been over 175,000 for several years.

United States v. Texas and Discretion in Arrest and Prosecution

July 5, 2023July 3, 2023 Jeff Welty

The Supreme Court just concluded its Term with blockbuster decisions on affirmative action, free speech, and student loan forgiveness. But criminal law practitioners should be aware of a less-ballyhooed case that is significant for its broad pronouncements about the discretion of police and prosecutors. The case is United States v. Texas. This post summarizes the decision and places it in context of the ongoing national debate about discretionary decisions concerning arrest and prosecution.

News Roundup

June 30, 2023 Jeff Welty

I am embarrassed to admit that I enjoy the movies in the Fast & Furious franchise. I like exotic cars, which the films have in abundance. And there is something virtuous about Dominic Toretto, the character played by Vin Diesel. A downside of the series is that the films, particularly the early ones, glorify the spectacularly dangerous and irresponsible sport of street racing. Paul Walker, a star of the early movies, died while driving a Porsche at high speeds through the streets of Los Angeles. WRAL reports here that a bill moving quickly through the General Assembly targets street racing and street takeovers in North Carolina. Language has been added to S91 that would criminalize “operat[ing] a motor vehicle in a street takeover” or otherwise participating in or facilitating such an event. Drivers would be guilty of a Class A1 misdemeanor for a first offense and a Class H felony for later crimes. Vehicle seizure would also be possible under the law. Keep reading for more news.