Uncategorized

GiveUNC: A Note from Mike Smith, Dean of the School of Government

  For the entirety of its 90 years of existence, the School of Government’s mission has been focused on the people of North Carolina. Through our commitment to offering high-quality education, advising, and support to public officials across the state, we improve the lives of North Carolinians. We firmly believe this work is more critical … Read more

blank

News Roundup

A second mass shooting in the span of a week, this one killing 10 people at a Colorado grocery store, shook the nation on Monday.  Those killed included the first responding police officer, Eric Tally, a father of seven.  The apparent shooter, 21-year-old Ahmad Al Aliwi Alissa, was taken into custody after being shot by police and has been charged wih murder.  News reports indicate that Alissa was wearing a tactical vest and was armed with an assault style rifle that he bought last week.  Keep reading for more news.

Read more

blank

Virtual Court Proceedings—North Carolina Court Actors Weigh In

During the COVID-19 pandemic, criminal court systems moved to virtual proceedings to maintain essential court operations while minimizing the spread of COVID-19. To understand more about that transition and the lessons it holds for the future, we surveyed North Carolina trial judges, prosecutors, defenders, and clerks of court about virtual court. Our survey included questions about changes to court proceedings during the pandemic, the benefits of and concerns about virtual court, best practice suggestions for virtual proceedings, support for various virtual proceedings, experiences with using various technology platforms, and other aspects of virtual proceedings. We received responses from 182 people (Figure 1) from all 100 North Carolina counties.

Figure 1. Survey Respondents’ Current Role in the Criminal Justice System

Our full report is available here. In this post we summarize some top line results.

Read more

blank

News Roundup

A series of shootings in the Atlanta area that left eight people dead is the major criminal law news story of the week and has launched the issue of increasing violence committed against Asians to the forefront of national conversation.  Keep reading for more on this story and other news.

Read more

blank

Emergency Directives Renewed and Legislation Proposed to Permanently Authorize Remote Proceedings

Chief Justice Paul Newby issued an order on Friday, effective today, extending emergency directives currently in place for an additional thirty days to in light of the ongoing COVID-19 pandemic. Tomorrow marks a full year of altered court operations, as the first set of COVID-19 emergency directives became effective Monday, March 16, 2020.

Read more

blank

News Roundup

Trial began this week for Derek Chauvin, the former Minneapolis police officer who killed George Floyd by kneeling on his neck for several minutes while arresting him for allegedly using a counterfeit bill at a convenience store.  Chauvin is facing Minnesota state murder and manslaughter charges.  The trial is drawing significant media attention, with some outlets publishing live updates and planning to livestream the proceedings after jury selection is completed.  USA Today reported Thursday that six jurors have been seated and that the state has raised two Batson challenges to defense strikes of Hispanic potential jurors, neither of which have been sustained.  Keep reading for more news.

Read more

blank

Business Records: Posts, Chats, and Texts

Several prior posts on this blog have addressed authenticating and admitting digital evidence like social media posts and text messages (see here, here, here, and here) and we’ve also previously covered the basic rules and requirements for using the business records hearsay exception (see here, here and here), but we’ve not yet explored the questions and issues that arise when those two topics collide.

For example, if the state obtains a complete copy of a suspect’s account records from Facebook, Twitter, or AT&T, including user-generated content such as messages, chats, texts, and posts, can that evidence be admitted as a business record? I recently had an opportunity to talk about digital evidence with prosecutors in several other states, and there are opposing views in different jurisdictions about the correct answer to this question. This post looks at the conflicting interpretations, the North Carolina guidance we have so far, and an interesting alternative approach.

Read more