Latest posts in category Uncategorized on North Carolina Criminal Law Blog

The national news this week focused on the discovery of classified documents at President Biden’s home in Delaware and former private office in Washington. Yesterday, Attorney General Merrick Garland appointed a former federal prosecutor as Special Counsel to investigate the matter. The Associated Press explains here that “The position of Justice Department special counsel is a fairly new creation, enacted by Congress in 1999 following a bruising and politically divisive independent counsel investigation that resulted in [impeachment proceedings against President Clinton]. The purpose was to ensure ultimate Justice Department oversight of sensitive investigations rather than vest them with an independent prosecutor who could operate unchecked and without supervision. Though the attorney general retains ultimate authority over a special counsel’s decisions, special counsels do have the latitude to bring whatever cases they see fit. They are funded by the Justice Department, can bring on their own prosecutors, are entitled to office space and are often expensive.” Keep reading for more news.

Suppose a superior court judge issues a search warrant authorizing the search of a suspect’s house for drugs. Officers execute the warrant, find drugs, seize them, and charge the suspect with drug offenses. The charges end up in superior court, where the suspect – now the defendant – moves to suppress, arguing that the search warrant application lacked probable cause and that the judge who issued the warrant erred in doing so. Is it OK for the judge who issued the warrant to hear such a motion?

Happy new year! It’s time for the first news roundup of 2023, but I’ll start with one item that dates back to 2022. The Associated Press reports here that “Adnan Syed, who was released from a Maryland prison this year after his case was the focus of the true-crime podcast ‘Serial,’ has been hired by Georgetown University as a program associate for the university’s Prisons and Justice Initiative.” Apparently he will support a class in which “students reinvestigate decades-old wrongful convictions, create short documentaries about the cases and work to help bring innocent people home from prison.” I guess he might know something about that. Keep reading for more news.

The biggest national (and international) criminal law story this week involves the December 1988 terrorist attack on Pan Am Flight 103. The flight was destroyed by a bomb over Lockerbie, Scotland, killing 270 people – many of them American students on their way home for the holidays. Two Libyan men alleged to have been involved in the attack were tried in 2001. One was convicted and imprisoned, and has since died. The other was acquitted. Two years ago, federal prosecutors charged a third man, former Libyan intelligence officer Abu Agila Mohammad Mas’ud Kheir Al-Marimi, who is thought to have been the bomb-maker. Al-Marimi is now in US custody and some reports indicate that he has confessed to his role in the attack. However, the circumstances of his reported confession and transfer to the US are unclear, with some suggesting that he was essentially kidnapped by a warlord, forced to admit guilt, and handed over to the US despite the lack of any formal extradition agreement between Libya’s dysfunctional government and the US. The Guardian has more here. I expect significant legal wrangling over the purported confession as the criminal case proceeds. Keep reading for more news.

It’s the most wonderful time of the year: legislative summaries are now available. Though the North Carolina General Assembly has not yet adjourned, it does not expect to have votes […]

Tens of thousands of residences and businesses in Moore County began the week without electricity after two electrical substations in the county were damaged by gunfire on Saturday evening. Federal, state and local authorities are investigating, and CNN reports that authorities recovered nearly two dozen shell casings from a high-powered rifle at the scenes. Authorities believe the person or persons who damaged the substations knew what they were doing, but have not identified a motive for their actions. The News and Observer reported on widespread speculation that the attacks were related to a drag queen show in Southern Pines that began just as the substations were damaged, but CNN reports that investigators have no evidence connecting those events. Duke Energy completed repairs Wednesday, and nearly everyone’s power had been restored by Thursday morning. A reward of up to $75,000 is being offered to anyone who provides information leading to an arrest and conviction.

The North Carolina General Statutes require the senior resident superior court judge to issue a local bail policy, in consultation with the chief district court judge or judges. G.S. 15A-535(a). […]

Yale Law School graduate and Oath Keepers founder Stuart Rhodes was convicted this week of seditious conspiracy for his role in the January 6 storming of the United States Capitol. Reuters reports here that one of Rhodes’s codefendants was convicted of the same charge, while others were acquitted of that offense but convicted of obstructing an official proceeding. Both crimes carry statutory maximum penalties of up to 20 years in prison, but it remains to be seen what punishment the federal sentencing guidelines will recommend. Trials against additional Oath Keepers and Proud Boys are scheduled to begin soon. Keep reading for more news.

I am pleased to announce that Joe Hyde has joined our faculty. He will be working in the area of criminal law, especially as it relates to prosecutors. We hope […]

Crime statistics are compelling reading. When federal agencies release new estimates of the national crime rate, the news media pounce. The crime rate, its causes, and how to address crime are being hotly debated. Violent crime in particular prompts concern about public safety and the appropriate policy response.

So, what do the data tell us about trends in violent crime in North Carolina?

Where the data come from and what they can and can’t tell us about crime

There are three main sources of crime data in North Carolina: police data, court data, and victim surveys (Figure 1).

This post focuses on the first two data sets: police and court data. Although the victim survey data (from the annual National Crime Victimization Survey) provide estimates for both the nation and North Carolina, they are challenging to use and an in-depth discussion requires more than a single blog post.