Live and photo lineups and show-ups implicate constitutional and statutory requirements. This post will focus on the statutory requirements. For constitutional requirements, see pages 594-98 in Arrest, Search, and Investigation in North Carolina (5th ed. 2016).
News Roundup
Former FBI director James Comey’s testimony before the Senate Intelligence Committee regarding the FBI’s investigation of Russian interference in the 2016 presidential election is without question the biggest news of the week. CBS News says that bars across the country opened early to serve drinks to customers while they watched the testimony live. The Chicago Tribune says that workplace productivity was expected to plummet Thursday, much as it does during March Madness, as workers tuned into the testimony at their desks. Keep reading for more news.
Judge Spainhour Stepping Down as Sentencing Commission Chair
After nearly 18 years at the helm, Judge Erwin Spainhour is stepping down as chairman of the North Carolina Sentencing and Policy Advisory Commission. Today’s post takes a moment to recognize his service and the good work done by the Commission under his leadership.
State v. Scaturro Clarifies Duties of Drivers Involved in Injury Crashes
The general rule for a driver involved in a crash in which a person is injured or at least $1,000 in property damages occurs is this: The driver must stop his vehicle at the scene and must remain there with the vehicle until a law enforcement officer completes the crash investigation or authorizes the driver to leave and the vehicle to be removed. There is, however, an exception to this rule. That exception led to yesterday’s court of appeals opinion in State v. Scaturro, reversing a driver’s conviction on charges that he left the scene of a crash.
Criminal Law Music
Over the weekend I indulged my passion for music, which started me thinking about the overlap between music and my day job at the School of Government—in other words, songs that involve criminal law. Once I started, it wasn’t hard to come up with several examples, in different genres and about different phases of criminal proceedings. My choices, below, show that we are products of our eras; they date me. What songs about criminal law stand out for you?
Don’t Instruct the Jury on a Theory that’s Not Supported by the Evidence
Some offenses can be proved by alternative theories. For example, impaired driving occurs when a person drives while (1) while under the influence of an impairing substance, (2) after consuming a sufficient quantity of alcohol that the person has an alcohol concentration of 0.08 or more at any relevant time after the driving, or (3) with any amount of a Schedule I controlled substance or its metabolites in his or her blood or urine. See Jessica Smith, North Carolina Crimes: A Guidebook on the Elements of Crime (7th ed. 2012). The three options noted above constitute three separate theories upon which an impaired driving conviction can rest. Similarly, kidnapping occurs when a person (1) confines, (2) restrains, or (3) removes a person and other elements are satisfied. Id. The three options—confines, restrains, or removes—constitute three separate theories upon which a kidnapping conviction can rest. Sometimes alternative theories are bound up in the definition of an element of an offense. For example, first-degree sexual assault with a child requires, among other things, that the defendant engage in a “sexual act” with the victim. Id. The term sexual act is defined to include, in part, (1) cunnilingus, (2) analingus, (3) fellatio, and (4) anal intercourse. Id. These acts constitute separate theories that can support a sex offense conviction.
News Roundup
The News & Observer reports that Governor Roy Cooper filed a lawsuit against legislative leaders last Friday that, among other things, contends that the new law that reduces the number of judges on the Court of Appeals impermissibly changes the length of a judge’s term without a supporting amendment to the state constitution. The Observer report says the lawsuit is “one of a series that Cooper . . . has filed since taking office in January” and is part of an ongoing power struggle between Cooper and legislative leaders. Keep reading for more news.
Lifetime SBM without Lifetime Registration
The trial court’s order regarding sex offender registration and satellite-based monitoring (SBM) in State v. Johnson was wrong in part. But also right in part. But ultimately wrong.
County of Los Angeles v. Mendez: Excessive Force Claims and the End of the Provocation Rule
Suppose a law enforcement officer enters the front door of your home without a warrant. You are asleep when he enters, but wake up when you hear the door open. You pick a gun up from your nightstand and walk toward the front door.
The officer sees you coming toward him with the gun pointed in his direction.
Is it reasonable for him to shoot you? Is the entity that employed the officer liable for your injuries?
News Roundup
A suspected suicide bombing that killed twenty-two people at a concert in Manchester, England, is the major news story of the week. BBC News has an overview of the situation here. A 22-year-old Manchester man, Salman Abedi, has been named as the suspected bomber, and seven other men, some of whom are related to Abedi, had been arrested in connection with the attack at the time of writing. The Islamic State has claimed responsibility for the bombing, and the U.K. has raised its terror threat level from “severe” to “critical,” meaning that another attack may be imminent. Keep reading for more news.