A UNC School of Government Blog
Suppose in a robbery case that the State asks the defendant–who does not plan to testify–to stand in the courtroom wearing a mask allegedly worn by the robber. The defense objects on grounds of self-incrimination. How should the court rule? Case law holds that requiring a defendant to stand or otherwise exhibit himself or herself … Read more
Still trying to decide what you should commit to doing in the new year? Regular programming returns tomorrow, but for today, I thought that I would suggest some possible criminal-law-related resolutions: 1. Read Jamie’s book. Jamie’s book on the Justice Reinvestment Act is available for purchase here, but many readers — judges, prosecutors, public defenders, … Read more
I’m off tomorrow, as are most of my co-bloggers, so there won’t be a post then. This marks the beginning of the blog’s annual winter break. We’ll be back on Wednesday, January 2, 2013. Thank you for contributing to the blog this year, whether by reading, commenting, suggesting topics for posts, or all of the … Read more
After I eliminated this offense from the 7th edition of North Carolina Crimes, a few people asked me to add it back in. A statistics report from the N.C. Administrative Office of the Courts shows that in 2011 this crime was charged in 340 cases. That’s not a huge number, but it probably justifies including … Read more
The National Transportation Safety Board (NTSB) thinks states ought to require ignition interlock as a condition of driving for anyone convicted of DWI, including first-time offenders. So does the U.S. Congress. The NTSB made its recommendation last week as part of its report on a special investigation into vehicle crashes occurring as a result of … Read more
Can Durham ban the possession or sale of assault rifles? In the wake of the massacre at Sandy Hook Elementary School, I have been asked several times whether gun regulations may be implemented at the local level. Generally. Generally, the answer is no. Under G.S. 14-409.40, “the regulation of firearms is properly an issue of … Read more
The writing may be on the wall for internet sweepstakes businesses. On Friday, the state supreme court unanimously upheld the constitutionality of G.S. 14-306.4, the statute enacted to target such operations. The principal decision is Hest Technologies, Inc. v. State, __ N.C. __ (2012), written by Justice Hudson. Background. The legislature has been concerned for … Read more
Three more inmates had their death sentences vacated this week under the Racial Justice Act. Cumberland County Superior Court Judge Greg Weeks, following the reasoning he used previously to void the death sentence for another inmate, ruled that racial discrimination by the State during jury selection required that the defendants be resentenced to life without … Read more
As I traveled around the state teaching about the Justice Reinvestment Act, I had lots of discussions about the various types of confinement that can now be ordered in response to a probation violation (splits, dips, dunks, and so forth—they’re all catalogued here). That conversation almost always included a discussion of jail credit. The general … Read more
The murder rate in North Carolina is falling. The same is true nationally. A recent article suggests that shootings are actually up, but deaths are down due to medical advances. At least the first part of that claim is almost certainly wrong. The chart below illustrates the decline in murders. The article in question is … Read more