Cultural Differences and Child Abuse

One of the clipping services to which I subscribe recently highlighted People v. Assad, __ Cal.Rptr.3d __, 2010 WL 4035491 (Cal. Ct. App. 3 Dist. Oct. 15, 2010). The defendant in Assad was a Syrian man. He tied his twelve-year-old son to his bed and beat him repeatedly and severely with a hose and wooden … Read more

Physical, Mental, or Sexual Abuse of a Minor for SBM Purposes

by School of Government faculty member Jamie Markham In an earlier post I wrote about the satellite-based monitoring (SBM) effective-date question resolved by the court of appeals in State v. Cowan. To paraphrase Inigo Montoya, let me sum up:  August 16, 2006 is the effective date that matters for SBM. Today, I want to come … Read more

Showups Aren’t Lineups

When I first came to the School of Government, I picked a few small areas of law in which I hoped to develop some expertise. One of those areas was the then-new Eyewitness Identification Reform Act. It was enacted in 2007, effective for crimes committed on or after March 1, 2008. S.L. 2007-421. It’s codified … Read more

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The Racial Justice Act — Issues on the Horizon

Jeff previously posted news items about North Carolina’s Racial Justice Act (RJA), including one here updating readers on the bill’s path to law, and one here about actual RJA filings. I was recently told by the N.C. Administrative Office of the Courts that there now are at least 204 filed RJA motions. Although most of … Read more

News Roundup

It was an absolutely fascinating news week. Among the noteworthy stories: 1. In Graham v. Florida, discussed here, the United States Supreme Court held that it is cruel and unusual punishment to sentence a juvenile to life without parole for a non-homicide offense. Several recent cases ask whether Graham marks the outer limit of the … Read more

More SBM Fallout from the Supreme Court

I mentioned in my last post that State v. Bowditch was not the only satellite-based monitoring (SBM) case recently decided by the Supreme Court of North Carolina. The court also affirmed four other decisions from the court of appeals and decided it had improvidently allowed discretionary review in another. Although those decisions turned in part … Read more

Satellite-Based Monitoring Is not Punishment

I was out of the office when the Supreme Court of North Carolina released its latest batch of opinions, so I’m just now getting around to writing about big news related to satellite-based monitoring (SBM) of sex offenders. In State v. Bowditch, the state high court concluded that SBM is not a criminal punishment, and … Read more

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Who’s Driving?

The New York Times recently published this piece on Google cars that drive themselves.  And we’re not just talking about steering a straight line down the interstate.  One car even navigated the hairpin turns on San Francisco’s famously curvy Lombard Street. The cars use navigation systems and software capable of sensing nearby objects and reacting … Read more