North Carolina Criminal Law

New Delinquency Laws – It’s Not Just Raise the Age

September 24, 2019 Jacquelyn Greene

Believe it or not, there is new juvenile delinquency law to wrap your head around other than the Juvenile Jurisdiction Reinvestment Act, which will raise the age of juvenile court jurisdiction as of December 1, 2019. The 2019 legislative session resulted in several new laws related to juvenile delinquency cases that

change the capacity to access teen court,
establish new rules regarding photographing of some juveniles at the time of a show-up,
create parental access to counsel in the context of Department of Social Services (DSS) placements as delinquency and undisciplined dispositions,
establish new information sharing capacity between attorneys representing juveniles in child welfare and juvenile justice matters, and
ease requirements for victims of human trafficking to access a juvenile expunction.

There is also an entirely new Article added to Chapter 7B of the General Statutes devoted to the rights of victims of delinquent acts. I will provide an overview of the delinquency-related provisions of the newly enacted legislation below. You can also access a bulleted summary of the 2019 enacted delinquency legislation on the juvenile law microsite. Several of these new statutes touch on other areas of law, such as child welfare and criminal procedure. Those provisions are outside the scope of this blog post and the bulleted summary.

What Americans Think about Bail

September 23, 2019 Jessica Smith

In 2018, a national survey asked Americans what they thought of our pretrial justice systems. Their responses? Strong support for expanded pretrial release. The survey was done by a bipartisan team of pollsters on behalf of Pew Charitable Trusts. See The Pew Charitable Trusts, Americans Favor Expanded Pretrial Release, Limited Use of Jail (2018). Here are my top six take-aways from the survey, along with related survey data, explanatory text and graphs, which come directly from the Pew report (all attribution to Pew).

News Roundup

September 20, 2019 Christopher Tyner

The former UNC Charlotte student who attacked a classroom on the school’s campus earlier this year, killing two people and wounding four others, pleaded guilty to murder in Mecklenburg Superior Court yesterday. The Charlotte Observer reports that as part of a plea agreement Trystan Andrew Terrell received two consecutive life sentences for killing Reed Parlier and Riley Howell; he also was sentenced on other charges not detailed in the report. Keep reading for more on this story and other news.

Use of Summons v. Arrest in North Carolina Misdemeanor Cases: A County-Level Analysis

September 19, 2019 Jessica Smith

Under state law, pretrial conditions must be set after a defendant is arrested for a crime, and this typically occurs at the initial appearance before a magistrate. G.S. 15A-511. Although state statutes express a preference for non-financial conditions (written promise to appear, custody release, and unsecured bond), G.S. 15A-534(b), secured bonds are the most commonly imposed pretrial condition in North Carolina. See Jessica Smith, How Big a Role Does Money Play in North Carolina’s Bail System (July 2019). Much has been written about the problems of using money to detain pretrial, including the unfairness of incarcerating people not because they are risky but because they are poor. Thus, in discussions about procedural reform, there is interest in making sure that law enforcement and court officials only execute or order arrests in cases where arrest is in fact required. If, in low-level cases for example, the officer opts for a citation instead of a warrantless arrest or the magistrate opts for a summons instead of an arrest warrant, the defendant simply is directed to appear in court to answer the charges. Since the defendant is not taken into custody, there is no initial appearance or setting of conditions, which again, skew towards secured bonds and create the potential for wealth-based detentions and other negative consequences. This explains why stakeholders are looking at citation and summons in lieu of arrest policies, either as stand-alone reforms or as part of broader bail reform efforts. As stakeholders explore these matters, they are asking questions about the prevalence of citation and summons use in their communities. In a paper here, we present data regarding citation usage in North Carolina. In this paper, we focus on usage of the criminal summons.

Case Summaries – N.C. Court of Appeals (9/17/2019)

September 18, 2019 Jeff Welty

This post provides summaries of the criminal cases (and one juvenile case) decided by the court of appeals on September 17, 2019.

Sufficiency vs. Admissibility: Drug I.D. after State v. Osborne

September 17, 2019 Phil Dixon

In August, the North Carolina Supreme Court weighed in on drug identification once again in State v. Osborne, ___ N.C. ___ (August 16, 2019). I wrote about the earlier Court of Appeals decision in the case, here. The new Osborne decision clarifies the application of drug identification rules as well as sufficiency of the evidence in this context.

Citation Versus Arrest by North Carolina Law Enforcement Officers: A County-Level Analysis

September 16, 2019 Jessica Smith

Editor’s Note: This post was written by Professor Jessica Smith and graduate research assistant Ross Hatton.

Charged with identifying best practices and offering recommendations on how policing practices can promote effective crime reduction while building public trust, the Presidential Task Force on 21st Century Policing recommended that law enforcement agencies develop and adopt policies and strategies that reinforce the importance of community engagement in managing public safety. Specifically, it recommended that agencies adopt preferences for “least harm” resolutions, including the use of citation in lieu of arrest for low-level offenses. Increased use of citations offers other potential benefits, including increased law enforcement efficiency. A report by the International Association of Chiefs of Police found that citations offer a time savings of just over an hour per incident. Additionally, increased use of citations can help reduce unnecessary pretrial detentions of low-risk defendants and associated costs, unfairness, and negative public safety outcomes. An arrest triggers an initial appearance and imposition of conditions of pretrial release. Because secured bonds are the most common condition imposed in North Carolina, see Jessica Smith, How Big a Role Does Money Play in North Carolina’s Bail System (July 2019), the decision to make an arrest versus issue a citation often results in imposition of a secured bond and associated wealth-based detentions. For these and other reasons, justice system stakeholders are interested in citation in lieu of arrest policies, particularly for low-level crimes. One common question that stakeholders have been asking is: What do we know about how often officers use citations or make arrests in North Carolina? Read on for answers.

News Roundup

July 23, 2020September 13, 2019 Christopher Tyner

As the Charlotte Observer reports, former North Carolina Supreme Court Chief Justice I. Beverly Lake Jr. died on Thursday after a period of deteriorating health. The Observer report notes that Lake’s intense interest in preventing or rectifying wrongful convictions led to the establishment of the North Carolina Innocence Inquiry Commission and made the state a national model for conviction review. Lake served on the court for 12 years and was Chief Justice from 2001 to 2006. He was 85 years old. Keep reading for more news.

Satellite-Based Monitoring Is Unconstitutional for All Unsupervised Recidivists

September 12, 2019 Jamie Markham

The Supreme Court of North Carolina held in State v. Grady, ___ N.C. ___ (2019), that satellite-based monitoring (SBM) of sex offenders is unconstitutional as applied to any unsupervised person who was ordered to enroll in SBM solely because he or she is a recidivist. By unsupervised, the court meant a person not on probation, parole, or post-release supervision. Today’s post takes a closer look at the Grady decision and what it may mean for North Carolina’s SBM program going forward.

When Victims’ and Defendants’ Rights Collide in Court, Who Wins?

September 11, 2019 Shea Denning

While I was finishing up my post last Wednesday on Senate Bill 682 (the bill implementing the 2018 constitutional amendments expanding victims’ rights), the Governor was signing that bill into law. In the week since S.L. 2019-216 was chaptered, I’ve fielded a couple of questions about the responsibilities for notifying victims of court hearings and the interplay between victims’ state constitutional rights and defendants’ rights under the state and federal constitutions. This post sets forth my (admittedly preliminary) thoughts on those matters.