A UNC School of Government Blog
How does a case proceed when a juvenile is charged with a homicide offense? In classic lawyer fashion, the answer is that it depends. In almost all instances, the case will begin as a juvenile matter. However, the path the case follows once the juvenile case begins, and whether the case is ultimately adjudicated as … Read more
In January 2020, stakeholders in North Carolina’s Twenty-First Judicial District (Forsyth County) implemented a pretrial reform initiative designed to reduce unnecessary detentions of individuals charged with the lowest-level offenses. Specific attention was paid to those detained solely due to an inability to pay bail and not because of their risk to the community. To address … Read more
In this earlier blog post, I provided a then-current overview of criminal law and related legislation enacted by the North Carolina General Assembly this legislative session. Since then, there have been a few more bills enacted that affect criminal law, criminal procedure, and motor vehicle law, as well as some amendments to previously enacted bills.
Interim Report: Judicial District 21 Bail Project In January 2020, North Carolina’s Twenty-First Judicial District (Forsyth County) implemented a consensus bail reform initiative in the form of a structured decision-making tool for magistrates and judges when making bail decisions. Some key features of the tool include: creating a presumption for a condition other than a … Read more
In January 2020, North Carolina’s Second Judicial District (Beaufort, Hyde, Martin, Tyrrell, and Washington Counties) implemented two consensus bail reform initiatives. First, they implemented a structured decision-making tool for magistrates to use when making bail decisions. Among other things, the tool: creates a presumption for conditions other than a secured bond for people charged with … Read more
The North Carolina General Statutes require the senior resident superior court judge to, in consultation with the chief district court judge or judges, issue a local bail policy. G.S. 15A-535(a). But doing so is no easy matter given the many statutory rules and exceptions and areas for discretionary policy choices. Christopher Tyner and I have … Read more
Each year the School of Government summarizes legislation enacted by the North Carolina General Assembly affecting criminal law and procedure and motor vehicle laws. We also explore selected legislation in more depth on this blog. Most criminal law legislation has an effective date of December 1 to allow the courts to prepare for the changes. … Read more
Tragedy struck at Mount Tabor High School this week where a student, William Chavis Raynard Miller, Jr., was shot and killed, apparently by another student. As the Winston-Salem Journal reports, hundreds of people attended a vigil for Miller yesterday at Mount Tabor United Methodist Church. Keep reading for more on this story and other news.
Earlier today, Chief Justice Paul Newby rescinded the two remaining COVID-19 Emergency Directives. The Chief Justice determined that the enactment of S.L. 2021-47 (Senate Bill 255) on Friday rendered unnecessary Emergency Directive 3, which authorized judicial officials to conduct proceedings that include remote audio and video transmissions and Emergency Directive 5, which permitted verification of … Read more