WCNC reports that the Mecklenburg County Courthouse was closed all of this week because of a covid outbreak among employees. All sessions of district and superior court were rescheduled. The WCNC story says that at least 29 employees were in quarantine because of potential exposure to the virus. Keep reading for more news.
Are Fake COVID-19 Vaccination Cards a Crime?
Like a growing number of schools, hospitals, businesses, and other organizations around the country, UNC announced last week that all students and employees returning to campus would be required either to provide proof that they have been vaccinated against COVID-19 or agree to participate in weekly testing for the virus. For an update on other entities that are currently implementing similar mandates, their legal authority for taking such steps, and the status of some early court challenges to these measures, Jill Moore’s recent civil blog post on those topics is a great resource.
Rather than getting vaccinated or agreeing to be tested, some people have resorted to purchasing and submitting fake vaccination cards to their school or employer. Organizations like UNC have their own disciplinary procedures to address this kind of noncompliance or fraud, but I’ve had several people ask me recently whether it’s also a crime to possess or use one of these fake cards under North Carolina law, and if so what’s the offense?
New Publication on Computer Crimes
I’m happy to announce that I recently finished an Administration of Justice Bulletin about computer-related crimes. It is a substantial expansion of my recent blog posts on the subject, providing an overview of how the statutes have been applied and some criminal scenarios that may fall within their purview. The bulletin is available here as … Read more
Replacing a Juror After Deliberations Begin
Suppose a juror falls ill during the second day of deliberations following a two-week trial and is unable to continue her service. What are the trial court’s options?
A. Replace the juror with an alternate juror.
B. Declare a mistrial.
C. Either A or B, in the trial court’s discretion.
Case Summaries: N.C. Court of Appeals (August 3, 2021)
This post summarizes published criminal decisions from the North Carolina Court of Appeals released on August 3, 2021. As always, these summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
News Roundup
As the Atlanta Journal-Constitution reports, Robert Aaron Long pleaded guilty this week to four counts of murder arising from a series of shootings he committed earlier this year in the Atlanta area. The plea deal covered four killings in Woodstock, Georgia, which is north of Atlanta, and spared Long from the potential of being sentenced to death at a capital trial. Long is accused of killing eight people, many of them Asian women, and additional murder charges still are pending against him in Fulton County, where part of the shooting rampage took place. Keep reading for more news.
Announcing North Carolina Court Appearance Project
The UNC School of Government Criminal Justice Innovation Lab and The Pew Charitable Trusts and invite North Carolina jurisdictions to apply to participate in the NC Court Appearance Project. Pew and the Lab will offer free technical assistance for up to three North Carolina jurisdictions interested in examining the scope and impact of missed court dates and exploring ways to improve court appearance rates and responses to missed court dates. Because Pew and the Lab adhere to a non-partisan, evidence-based approach to criminal justice policy, this project will be grounded in data, research, and stakeholder collaboration and priorities.
Raise the Age and Enforcement of Domestic Violence Protective Orders and Civil No-Contact Orders
The Juvenile Justice Reinvestment Act and its subsequent corresponding legislation raised the age of juvenile jurisdiction to 18 for most offenses committed at ages 16 or 17 that would otherwise be crimes. S.L. 2017-57, §§ 16.D.4.(a)-16.D.4.(tt) and S.L. 2019-186. Last summer, the legislature enacted changes to the criminal law to ensure that minors who fall outside of raise the age and continue to be tried as adults are not housed in adult jails. S.L. 2020-83, §§ 8.(a)-8.(p). While it may feel like these changes must mean that the age of 18 is now consistently the legal demarcation for being treated as an adult, the law continues to use the age of 16 as a defining line in some instances. For example, Chapter 50B (Domestic Violence) and Chapter 50C (Civil No-Contact Orders) continue to provide that domestic violence protective orders (DVPOs) and Civil No-Contact Orders can be obtained against youth once they reach the age of 16. This blog addresses how enforcement of these orders against youth who are ages 16 and 17 is affected by raise the age and by the removal of minors from jails.
2021 Legislation Amends Rules for Modified Utility Vehicles
Last year, I wrote about new legislation defining and regulating modified utility vehicles. The legislature returned to that subject again this year in S.L. 2021-33 (S 241), amending that definition and modifying the rules governing the use of such vehicles.