The Fayetteville Observer reports that Fayetteville law enforcement is asking the public for information about a disturbing series of burglaries in the city over the past few months. On several occasions, home security cameras have captured images of a masked person wearing kneepads burglarizing people’s homes while they slept inside. A police spokesman said that the suspect appears to be intentionally targeting the homes of elderly people. Keep reading for more news.
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Acting Indirectly
I was recently updating a list of review questions for a course on larceny offenses when I came across a version of this scenario: a woman tells her friend that she left one of her items behind in the store and asks the friend to go retrieve it for her, but in fact the woman never purchased it. If the friend goes back and gets it, what’s the crime and who gets charged?
The question usually prompts a good discussion about conventional charging options like conspiracy, acting in concert, aiding and abetting, or being an accessory. Phil Dixon wrote this helpful post summarizing the most common theories of principal liability and their pleading requirements, but none of those are a perfect fit for these facts. The woman wasn’t present at the scene and didn’t personally take the item, and the friend was unaware of what was happening so there was no common purpose or criminal intent on her part.
I think the best answer is the rarely mentioned “other” theory of principal liability we have in North Carolina: Acting Indirectly, also known as the Innocent Agent doctrine.
News Roundup
As USA Today reports, fallen United States Capitol Police Officer Brian Sicknick, who was killed during a violent insurrection by extremist supporters of former President Donald Trump in early January, laid in honor in the Capitol Rotunda on Wednesday before his interment at Arlington National Cemetery. Sicknick is the third Capitol Police officer to receive that honor, the first two being Jacob Chestnut and John Gibson who were shot by an armed intruder in 1998. Keep reading for more news.
Case Summaries: N.C. Court of Appeals (Feb. 2, 2021)
This post summarizes published criminal decisions from the North Carolina Court of Appeals released on February 2, 2021. Gabrielle Supak and Jamie Markham prepared these summaries. As always, they will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
Changes in North Carolina Jail Populations During COVID-19
We have issued a series of reports on North Carolina state and county-level jail occupancy rates, including one in October 2020 focusing on changes in total county and statewide jail occupants during the COVID-19 pandemic (our earlier reports are here, here and here). This report provides updated jail population numbers through November 2020. Please refer to our prior reports for information on data sources and calculations.
Criminal Violations of a DVPO
In North Carolina, victims of domestic violence are protected by both civil and criminal laws. Our state’s Domestic Violence Protective Order (DVPO) laws are in Chapter 50B of the General Statutes. A person seeking relief under Chapter 50B may file a civil action in district court alleging acts of domestic violence and seeking entry of a protective order. If the court enters a DVPO, a violation can have criminal consequences. This post reviews the criminal offenses involving violations of DVPOs.
News Roundup
WNCT reports that the Greenville Police Department and the Pitt County Sheriff’s Department, in partnerships with Integrated Family Services, will soon launch Co-Responder Mental Health Response Programs. Under the GPD program, which starts next week, IFS professionals will work directly out of police headquarters and respond alongside law enforcement officers to situations involving possible mental health crises. The GPD program, which will be the first of its kind in eastern North Carolina, will begin next week, and the program at the Sheriff’s Department will begin later this spring. Keep reading for more news.
Juvenile Justice System Impacts in the First Year of Raise the Age
The Juvenile Justice Reinvestment Act (JJRA), which raised the age of juvenile court jurisdiction to include youth who commit offenses at ages 16 and 17, went into effect on December 1, 2019. What impacts have been realized in the juvenile justice system as a result? The Juvenile Jurisdiction Advisory Committee (JJAC), created by the JJRA, submitted its required interim report to the General Assembly on January 15, 2021. The report provides many details about the first year of implementation as well as JJAC recommendations for legislative amendments and ongoing budgetary needs. This blog provides a summary of some of the trends during the first year of raise the age implementation as detailed in the report.
News Roundup
The Greensboro News & Record reports that Christopher Spencer of Pilot Mountain has become the first North Carolinian to face federal charges in connection with the deadly insurrection at the United States Capitol earlier this month. The report says that Spencer has been charged with obstructing official proceedings, unlawful entry, and disorderly conduct. Investigators apparently were aided by Facebook livestreams Spencer allegedly posted showing him encouraging others to kick open doors in the building and yelling obscenities at police officers. His father Winston Spencer told the News & Record that his son’s participation in the incident “has been blown out of proportion.” Keep reading for more news.
Where can I find the definition of a North Carolina crime?
Recently questions came to me and my SOG criminal law colleagues about the crime of burglary in North Carolina that made it clear some readers would benefit from a discussion of statutory versus common law definitions of criminal offenses, as well as how to research legislative history. I will address these two issues using one scenario across a couple of blog posts. I hope these posts will help in interpreting and understanding statutes.