A UNC School of Government Blog
The Supreme Court of the United States recently granted certiorari in a case originating out of North Carolina. United States v. McNeill, 598 F.3d 161 (4th Cir. 2010), cert. granted, 2011 WL 48124 (U.S., Jan. 7, 2011). The defendant in the case, Clifton McNeill, pled guilty to gun and drug crimes in federal court. The … Read more
Suppose John Jones shoots Victim. Sam Smith, who had nothing to do with the shooting, witnesses the event. In order to help Jones escape and avoid prosecution, Smith drives Jones from the scene to a hideout. Victim dies the next day. Can Smith be convicted of accessory after the fact to the murder? According to … Read more
There have been a number of interesting stories in the news this week. 1. The national focus has been on Tucson, Arizona, where Jared Loughner is being held without bail on federal charges related to the shooting of Congresswoman Gabrielle Giffords and the killing of federal district court judge John Roll, among others. There are … Read more
Federal law makes it illegal for a person to possess a gun after having been “convicted in any court of a misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). A “misdemeanor crime of domestic violence” is a misdemeanor that “has, as an element, the use or attempted use of physical force, or the threatened … Read more
The court of appeals decided State v. Dewalt last week, holding that the aggravating factor of driving while license revoked, when used to elevate misdemeanor speeding to elude arrest to a felony offense pursuant to G.S. 20-141.5(b)(5), does not require proof that the defendant drove on a street or highway. The facts of the case, … Read more
We’re trying something novel today. Jamie Markham has prepared our first video blog post, in which he highlights sentencing and corrections stories to follow in 2011. It includes a discussion of sex offender laws, the Bowden life-sentenced inmates, and several other important issues, so please check it out. And let us know what you think … Read more
I thought I’d take a minute to discuss three questions that I get about prescription drugs. [Update: Several people posted comments or emailed me about the relationship between prescription drugs and controlled substances. I discussed that issue in some detail in this post, but briefly, some prescription drugs contain controlled substances and some don’t. Certainly, … Read more
It’s time for the first news roundup of the new year! There have been quite a few interesting stories recently, including the following: 1. The New York Times reports that cell phones are widespread in prison. One Georgia inmate reports that “almost everybody has a phone,” usually a smartphone. In addition to playing FarmVille on … Read more
The Department of Correction runs substance abuse treatment programs for probationers and certain parolees: DART-Cherry in Goldsboro for men, and, as of last year, Black Mountain Substance Abuse Treatment Center for women (about which you can read more here). DOC is making changes at DART-Cherry. Previously, there were two program tracks there: a 28-day cognitive-based … Read more
Under the common law doctrine of aiding and abetting, a person is considered to be a principal to a crime when: (1) a crime is committed by another, (2) the person knowingly advises, instigates, encourages, procures, or helps the other person commit the crime, and (3) his or her actions or statements caused or contributed … Read more