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The Role of Administrative Traffic Offenses in the North Carolina Criminal Justice System

This post explores the large role that administrative traffic offenses play in the state’s criminal justice system. The Lab’s Measuring Justice Dashboard shows that non-violent misdemeanor charges make up the bulk of the state system (Figure 1). Figure 1. Composition of Charges in the State System, 2021 Figure Note: DWI refers to impaired driving offenses. … Read more

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Is NC’s Disorderly Conduct at Schools Statute Unconstitutionally Vague?

I started wondering about that question after reading a recent decision by the Fourth Circuit Court of Appeals, Carolina Youth Action Project v. Wilson, 60 F.4th 770 (4th Cir. 2023) (summarized here). There, the court struck down two South Carolina state laws aimed in large part at regulating conduct and speech in and around schools. Those laws are similar to our version of disorderly conduct by disrupting schools. This post examines the holding of Carolina Youth Action Project and its potential implications for North Carolina law.

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Authenticating Photographs Obtained from Social Media Platforms

In my last post, I wrote about how a party might authenticate a Facebook direct message or other text-based electronic communication. That post focused on how the proponent of the evidence might establish who wrote the message, i.e., authorship. But what if a party wants to introduce a photograph that was posted on a social media platform? The concept of authorship doesn’t really apply, and in the age of Photoshop and AI-generated images, courts may have serious concerns about the accuracy of online images.

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News Roundup

The state legislature continues to be in full swing. While much talk here on campus centers on a bill that would eliminate academic tenure, the criminal justice community is likely more interested in legislation that would expand warrantless cell phone surveillance. WRAL reports here that “[p]olice could track people’s cell phones in real time — without a warrant — under a bill that passed a state House committee Wednesday.” The bill in question is H719, and at a glance, it would allow the SBI to use a pen register or trap and trace device without court approval for up to 48 hours to find a runaway child or missing person, or when there is “immediate danger of death or serious bodily injury.” The bill has passed out of a House committee but its ultimate fate is uncertain. Keep reading for more news.

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How Does the Confrontation Clause Impact the Introduction of a Defendant’s Medical Records in a DWI Trial?

Two weeks ago, I wrote about the foundational requirements for introducing a defendant’s medical records in a DWI trial. Soon after I posted, a reader asked whether introducing those records through an affidavit from a records custodian violates a defendant’s Sixth Amendment right to confront witnesses against him or her. My answer is, generally speaking, no.

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Transitions in Defender Work at the School of Government

Dear Friends,

I am writing to let you know of some changes in the work we do at the School of Government for defenders and others who work in the North Carolina court system. The short version is this: I will go half-time beginning July 1 this year; the School intends to hire a new faculty member to work in criminal law, with a focus on issues affecting defenders; and Phil Dixon will become the director of the Public Defense Education program at the School. Read on for more details.

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Determining Disposition Level in Delinquency Cases

Determination of the correct disposition level available in a delinquency case requires a four-step process.

  1. Identify the offense for which disposition is being entered (hereinafter referred to as the “disposition offense”).
  2. Identify the offense classification for the disposition offense.
  3. Calculate the juvenile’s delinquency history level.
  4. Use the disposition chart to identify the corresponding level or levels for the case.

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News Roundup

WRAL reports here on renovations at the State Crime Laboratory. The renovations, supported by a $5 million appropriation, include “a new design for the Drug, Chemistry and Toxicology wing” that allows more space for analysts and scientific work. The idea is to improve workflow and reduce backlogs – a goal on which virtually everyone can agree. Keep reading for more news.

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