Handling mail to and from inmates is a challenge for jail administrators. Of course they want to enable inmates to handle their legitimate business (including pending legal matters) and maintain family and community ties. On the other hand, they must be on guard against contraband or inappropriate materials coming into the jail, or inmates participating in crimes or planning an escape from within. Inmates have a constitutional right to communicate with others and to access the courts, but those rights are limited by the jail’s obligation to preserve security, good order, and discipline. This post collects some of the basic legal principles that should be incorporated into the jail’s policy on mail regulation. By state administrative regulation, every jail must have a written policy on handling inmate mail.
News Roundup
Most of the office chatter around the SOG this week concerned the new lawsuit challenging the recently-enacted retention election procedure for North Carolina Supreme Court Justices. The basic question is whether that procedure satisfies the state constitution’s requirement that justices be elected. The Fayetteville Observer has more information here. But that wasn’t the only interesting story of the week.
Private Property Can Be a “Public Place” under the Indecent Exposure Statute
Several recent news reports have involved people removing their clothes in their own homes or on their own property, but in view of neighbors or passers-by. For example, Charlotte’s “naked neighbor” controversy is discussed here, while Rowan County’s back yard bandit case is discussed here. Are people who expose their genitals to public view while on their own property in a “public place” as required by the indecent exposure statute, G.S. 14-190.9? Yes, ruled the court of appeals this week.
Need a ride? Call Uber. It’s officially regulated.
Uber was the talk of the table during our Thanksgiving meal. One of my cousins drives for Uber in her spare time. So does her boyfriend. They compete for who can earn the most extra spending money. I’ve used Uber myself several times. I’ve rated all my drivers a 5. And I’ve never worried about whether taking Uber was safe. But for those who do (my mother and aunt), legislation enacted by the General Assembly last session may provide some assurance.
Was Rosa Parks Convicted?
Sixty years ago today, Rosa Parks was arrested for failing to give up her seat on a Montgomery, Alabama city bus to a white passenger. Thinking about her courage, the arrest, and the changes that it helped bring about, I realized that I didn’t know what became of the charges against her. I was surprised by the answer, and thought I’d share it with others.
New Sentencing Handbook Available
The 2015-2016 edition of the North Carolina Sentencing Handbook with Felony, Misdemeanor, and DWI Sentencing Grids is available from the School of Government. Like previous editions, it contains instructions on felony sentencing, misdemeanor sentencing, and DWI sentencing; the sentencing grids themselves; and various appendices that may be helpful in your work.
Are Daily Fantasy Sports Gambling?
Tomorrow is Thanksgiving, and Thanksgiving means football, and football nowadays means an endless parade of advertisements for DraftKings, FanDuel, and other daily fantasy sports businesses. This post asks the obvious question: are these contests illegal gambling?
The 300-Foot Rule Goes to Church
Last week the court of appeals decided another case involving the sex offender premises restriction in G.S. 14-208.18. The defendant was convicted of being within 300 feet of a church preschool.
Field Sobriety Testing and the Fifth Amendment
Most drivers stopped on suspicion of impaired driving are asked to submit to field sobriety tests before they are arrested. Those tests often include the three standardized tests, which researchers have found to enhance officers’ ability to accurately identify impairment: the one-leg stand, the walk-and-turn, and the horizontal gaze nystagmus tests. Officers sometimes use other types of field tests that have not been validated, such as asking participants to recite the alphabet or to conduct counting exercises. Evidence gained from any of these pre-arrest tests may be admitted against the defendant at trial without running afoul of the Fifth Amendment right to be free from self-incrimination. That’s because suspects aren’t in custody for purposes of the Fifth Amendment or Miranda v. Arizona, 384 U.S. 436 (1966) when they are temporarily detained for a traffic stop and are asked a moderate number of stop-related questions. Berkemer v. McCarty, 468 U.S. 420, 440 (1984); State v. Braswell, 222 N.C. App. 176 (2012). But what if the suspect is asked to perform field sobriety tests after he is arrested? Must he first be provided Miranda warnings?
News Roundup
This week, the mighty fell. Locally, Dana Cope, the former director of the State Employees Association of North Carolina, pled guilty to spending $570,000 of the Association’s money on personal expenses, like landscaping, flying lessons, a trip to China, a home theater system, clothing, and much more. During his court appearance, Cope acknowledged “I am a thief.” He received a sentence of 58 to 82 months in prison. WRAL has the story here. Nationally, Subway spokesman Jared Fogle was sentenced to 15.5 years in federal prison after admitting he possessed child pornography and had sex with minors. The sentence exceeded prosecutors’ recommendation of 12.5 years. Fogle will also pay $1.4 million in restitution. Reuters has the details here.