The Supreme Court of the United States decided a malicious prosecution case earlier this month. The case is Thompson v. Clark, 596 U.S. __ (2022), and it has been the subject of some overheated media reports. For example, one outlet claimed that before Thompson, “[p]olice officers could frame people, file bogus charges, [and] conjure evidence out of thin air” yet “still be immune from facing any sort of civil accountability.” Billy Bunion, The Supreme Court Says You Can Sue Cops Who Frame You on False Charges (April 5, 2022). That’s not right, but Thompson is still an important opinion. This post will lay out the basics of malicious prosecution, explain what the Court did in Thompson, and offer some thoughts about the significance of the new ruling.
News Roundup
This week the United States Senate confirmed Ketanji Brown Jackson to the Supreme Court. Jackson will be the first Black woman to serve on the court when she takes Justice Breyer’s place at the end of the current term, and will be the only current member with experience as a public defender. Three Republicans joined all Senate democrats to confirm Jackson with a vote of 53 to 47. Keep reading for more news.
Measuring Justice Dashboard: New Court Non-Appearance Metric
We recently updated our Measuring Justice Dashboard with a new metric on court non-appearance. As with all Dashboard metrics, you can explore the data at the state and county level. Here’s a quick summary of what you’ll see on the Dashboard’s new metric. But if you want to get right to it, click here to access the Dashboard directly.
News Roundup
On Tuesday, President Biden signed the Emmett Till Antilynching Act into law, bipartisan legislation that amends 18 U.SC. § 249 by expressly making lynching a federal hate crime. A Time article explains that the bill will allow criminal prosecutions in situations where a group of people conspire to commit a hate crime which results in death or serious bodily injury. The NewsHour aired a lengthy segment this week on the new law and the history of racial violence in the United States. The bill passed the Senate unanimously and was opposed by only three members of the House of Representatives. Keep reading for more news.
GiveUNC: A Note from Dana Simpson, Chair of the UNC School of Government Foundation Board
Today is GiveUNC, the University’s annual day of giving. As Dean Mike Smith is set to step down as Dean at the end of this year, today we are celebrating his 30 years of leadership at the School. The message below invites you to honor his service and legacy with a gift supporting the Mike … Read more
Greenville’s Red Light Camera Program Ruled Unconstitutional
Author’s Note: The opinion discussed below was reversed in relevant part by Fearrington v. City of Greenville, ___ N.C. ___, 900 S.E.2d 851 (2024).
Two men cited in separate instances for failing to stop at red light camera locations in Greenville, NC filed declaratory judgment actions arguing that the city’s red light camera enforcement program violated the state constitution. Among other claims, the men argued that the program violated the Fines and Forfeitures Clause contained in Article IX, Section 7 of the North Carolina Constitution because the local school board received less than the clear proceeds of the civil penalties the city collected for violations. The Court of Appeals in Fearrington v. City of Greenville, 2022 NCCOA 158, __ N.C. App. __ (2022), agreed, holding that the funding framework violated the state constitution.
News Roundup
This week the Senate Judiciary Committee held hearings on the nomination of Judge Ketanji Brown Jackson to replace Justice Stephen Breyer on the United States Supreme Court. Jackson currently sits on the United States Court of Appeals for the District of Columbia Circuit and her prior experience, following graduation from Harvard Law School where she was an editor of the law review, includes serving as vice chair of the United States Sentencing Commission and working as a federal public defender. Judge Jackson would be the first Black woman to serve on the U.S. Supreme Court if she is confirmed.
North Carolina’s Decriminalization of Most Local Ordinance Violations
Senate Bill 300 was an omnibus criminal justice reform bill passed last year. One of its provisions presumptively decriminalizes most violations of local ordinances. In this post, I’ll address some of the questions that have arisen about that provision.
Structuring Individualized Delinquency Dispositions
The Juvenile Code requires the court to select the most appropriate disposition for the delinquent juvenile. G.S. 7B-2501(c). Under this statute, the disposition must be designed to protect the public and to meet the needs and best interests of the juvenile based on offense severity, the need for accountability, the importance of protecting public safety, the juvenile’s degree of culpability, and the rehabilitative and treatment needs of the juvenile. There are many different statutory pathways available to the court to structure individualized dispositions targeted to meet the needs of the juvenile and reduce their risk of reoffending. This post explores some of those options, with an emphasis on alternatives outside of standard terms and conditions for probation or placement in out-of-home settings.