A UNC School of Government Blog
My daughter is awfully fond of this expression (when applied to one of her brothers, of course). Turns out it also is apropos for this week’s court of appeals decision in State v. Shaw. Facts. The defendant in Shaw pled guilty to misdemeanor DWI in superior court. The trial court found one grossly aggravating factor, … Read more
You know I love a chart. I’ve made sex offender charts, Justice Reinvestment charts, maximum sentence charts, and drug trafficking charts. You should see the charts I make for family vacations! Today’s post presents a new chart detailing the proper place of confinement for all sorts of incarceration that a court might order, either at … Read more
Portable breath tests don’t go very far anymore in proving whether a suspect is impaired from alcohol. That’s because the legislature amended G.S. 20-16.3(d) in 2006 to provide that the alcohol concentration results from such a test, termed an alcohol screening test by statute, are not admissible in court— not even for purposes of determining … Read more
During the second phase of a capital trial, the jury must decide whether to sentence the defendant to death or to life in prison. The jury’s perception of prison life may influence that decision. If the jury believes that prison life is comfortable, it may be more inclined to impose a death sentence, while if … Read more
Ray Rice is, or was, an NFL player. He punched his then-fiancee, now wife, at a New Jersey casino, knocking her unconscious. He was charged with a felony assault but entered a deferred prosecution program, and the NFL suspended him for two games . . . and then the video hit the internet, and a … Read more
I spent a few minutes this morning looking at death penalty data. As most readers know, North Carolina hasn’t had an execution since 2006, as a result of litigation over lethal injection and the Racial Justice Act. But the death penalty remains on the books, the State may seek it, and juries may impose it. … Read more
Most impaired drivers arrive at their destinations without harming themselves or anyone else. And few such drivers are actually stopped by police. That may explain why eight percent of people nationwide who were over 16 years old reported riding in a vehicle with a driver they thought may have consumed too much alcohol to drive … Read more
On Friday, a panel of the court of appeals decided an interesting electronic sweepstakes case. The case is Sandhill Amusements, Inc. v. Sheriff of Onslow Co. It generally upheld a preliminary injunction against the Onslow County Sheriff and the District Attorney, barring them from enforcing the electronic sweepstakes statute against certain businesses. [Update: although the DA is … Read more
My next few posts will discuss this session’s legislative changes related to sentencing and corrections. Today’s post covers some pending changes related to confinement in response to violation (CRV, sometimes referred to as a “dunk”). CRV is incarceration ordered in response to a technical violation of probation—meaning a violation other than a new crime or … Read more
In North Carolina, the top story is the exoneration of Henry McCollum and Leon Brown, who were incarcerated for over 30 years in connection with the rape and murder of 11-year-old Sabrina Buie. DNA evidence links another man to the crime, and the prosecutor is reportedly considering bringing charges against him. McCollum was on death … Read more