When a defendant steals personal property that belonged to someone who recently died, who should be alleged as the victim in the criminal pleading? I’ve been asked this question several times, so I thought I would try to answer it here on the blog.
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News Roundup
The Greensboro News & Record reports that a United States House of Representatives subcommittee will hold a hearing in the city on Monday to hear about how North Carolina has overhauled its efforts to combat human trafficking. The House Subcommittee on Intelligence & Counterterrorism will hear from Randolph County Sheriff’s Office Chief Deputy Aundrea Azelton; Christine Shaw Long, Executive Director of the North Carolina Human Trafficking Commission; Charlotte field office special agent for homeland security investigations Ronnie A. Martinez; and Carl L. Wall II, special agent in charge of the SBI’s human trafficking unit. The hearing, which is open to the public, will focus on information sharing efforts between local, state, and federal officials. Keep reading for more news.
Prior Record Level: What a Defendant Can and Cannot Stipulate To
Under G.S. 15A-1340.14(f), a defendant’s prior convictions can be proved by stipulation of the parties. And they often are. But that doesn’t mean every aspect of a person’s prior record level can be proved by stipulation. Today’s post collects the rules for what a defendant can and cannot stipulate to.
Test Yourself this Humpday
My colleagues and I traversed the state last week speaking at fall conferences for various associations. One conference staple is the criminal law case update. I created a criminal law quiz for one such session, and I thought readers might want to try their hand at answering ten criminal law questions recently addressed by the appellate courts. So, here is your quiz:
Raise the Age FAQs
Training efforts to support implementation of the Juvenile Justice Reinvestment Act, or “raise the age,” are in full swing. With the December 1, 2019 implementation date drawing near, I have had the pleasure of teaching about the new law at many fall conferences and at five regional workshops. Common questions have been raised across these venues. This blog contains answers to some of those commonly asked questions as well as information on how to access further training and resources.
Is the Exigent Circumstances Doctrine an Exception to the Warrant Requirement, or Something More?
I have long thought of the exigent circumstances doctrine as an exception to the warrant requirement – it allows a search to be conducted when probable cause is present but it is impractical for officers to take the time to obtain a search warrant. That understanding was shaken when I read Phil Dixon’s summary of United States v. Curry, 937 F.3d 363 (4th Cir. 2019). The majority in Curry ruled that exigent circumstances allowed officers to search several men without probable cause or even reasonable suspicion because they were walking away from an area where shots had just been fired. In other words, the court took the position that exigent circumstances excused not only the lack of a warrant, but also the lack of individualized suspicion. Have I been mistaken all these years?
News Roundup
This week the ACLU of North Carolina and North Carolina Prisoner Legal Services filed a class action lawsuit in state court arguing that solitary confinement practices used in the state’s prisons constitute cruel and unusual punishment in violation of the state constitution. In the suit, the plaintiffs say that people in solitary confinement “face substantial risks of serious psychological and physiological harm” and ask for a court order ceasing current practices and directing the formulation of new ones that comply with the constitution. Two of the named plaintiff inmates each have been in solitary confinement for more than 10 years; about 3,000 inmates were in solitary confinement at the end of July of this year. The News Roundup previously has noted that the Department of Public Safety has been investigating ways to reduce the use of solitary confinement. Keep reading for more news.
Case Summaries: N.C. Court of Appeals (October 15, 2019)
This post summarizes published criminal decisions (and two other decisions of note) from the North Carolina Court of Appeals decided on October 15, 2019.
Occupational Licensing Reforms and Criminal Convictions
In legislation that may have escaped the notice of some criminal law practitioners, the North Carolina General Assembly enacted significant reforms this year to the state’s occupational licensing laws. The reforms, which apply to applications for licensure submitted on or after October 1, 2019, significantly lessen legal barriers to obtaining an occupational license for people with a criminal conviction. The legislation, S.L. 2019-91 (H 770), received bipartisan support, passing both chambers unanimously.