WNCT reports that the Greenville Police Department and the Pitt County Sheriff’s Department, in partnerships with Integrated Family Services, will soon launch Co-Responder Mental Health Response Programs. Under the GPD program, which starts next week, IFS professionals will work directly out of police headquarters and respond alongside law enforcement officers to situations involving possible mental health crises. The GPD program, which will be the first of its kind in eastern North Carolina, will begin next week, and the program at the Sheriff’s Department will begin later this spring. Keep reading for more news.
Criminal Cases to Watch in the Supreme Court’s 2020 Term
One of the last public events I attended before the pandemic upended life as we knew it were oral arguments before the United States Supreme Court. The week I was there turned out to be the last week of in-person oral arguments before arguments first were postponed and later resumed by teleconference. The Supreme Court took the long view of this interruption, noting that it was not unprecedented as the court had postponed arguments in October 1918 because of the Spanish flu epidemic and in 1793 and 1798 because of yellow fever outbreaks. Notwithstanding the change in procedures, the work of the high court — like the work of our state courts — continues. That work includes review in several criminal cases during its 2020 term.
Listed below are the principal criminal law cases currently before the Court, with a link to the docket entry for each case, followed by the Questions Presented. If telephonic oral argument has been held, the entry includes a link to the transcript of that argument.
Juvenile Justice System Impacts in the First Year of Raise the Age
The Juvenile Justice Reinvestment Act (JJRA), which raised the age of juvenile court jurisdiction to include youth who commit offenses at ages 16 and 17, went into effect on December 1, 2019. What impacts have been realized in the juvenile justice system as a result? The Juvenile Jurisdiction Advisory Committee (JJAC), created by the JJRA, submitted its required interim report to the General Assembly on January 15, 2021. The report provides many details about the first year of implementation as well as JJAC recommendations for legislative amendments and ongoing budgetary needs. This blog provides a summary of some of the trends during the first year of raise the age implementation as detailed in the report.
How do I learn a North Carolina General Statute’s legislative history?
In a previous blog post, I wrote about an inquiry we received at the School of Government about North Carolina General Statute Section 14-51, reproduced below. In that post, I addressed how to find the elements (what must be proven) of burglary. In this post, I will talk about how to find the legislative history of this, and any, statute.
News Roundup
The Greensboro News & Record reports that Christopher Spencer of Pilot Mountain has become the first North Carolinian to face federal charges in connection with the deadly insurrection at the United States Capitol earlier this month. The report says that Spencer has been charged with obstructing official proceedings, unlawful entry, and disorderly conduct. Investigators apparently were aided by Facebook livestreams Spencer allegedly posted showing him encouraging others to kick open doors in the building and yelling obscenities at police officers. His father Winston Spencer told the News & Record that his son’s participation in the incident “has been blown out of proportion.” Keep reading for more news.
Where can I find the definition of a North Carolina crime?
Recently questions came to me and my SOG criminal law colleagues about the crime of burglary in North Carolina that made it clear some readers would benefit from a discussion of statutory versus common law definitions of criminal offenses, as well as how to research legislative history. I will address these two issues using one scenario across a couple of blog posts. I hope these posts will help in interpreting and understanding statutes.
Case Summaries: Fourth Circuit Court of Appeals – (Dec. 2020)
This post summarized published criminal and related decisions from the Fourth Circuit Court of Appeals decided in December, 2020, that may be of interest to state practitioners.
An Update on Emergency Directives and Court Operations
Last week, Chief Justice Paul Newby entered an order extending and modifying some of the emergency directives previously imposed by former Chief Justice Cheri Beasley. Chief Justice Newby’s order (issued January 13, 2021 and effective January 14, 2021) allowed other emergency directives to expire. This post reviews the latest emergency directives as well as recent leadership changes affecting the courts.
News Roundup
The deadly attack on the United States Capitol by extremist supporters of President Donald Trump continues to dominate the national news this week as federal and state law enforcement agencies undertake the massive task of identifying and arresting perpetrators from across the country. Keep reading for more on this story and other news.
Insurrection in North Carolina
As I write this post, news headlines continue to be dominated by coverage of the violence that occurred at the U.S. Capitol on January 6th. Dozens of people have been charged with crimes so far, and many others are being actively investigated for offenses including curfew violations, property crimes, assault, and possessing unlawful weapons or explosives. Perhaps the most striking allegation, and the one which will serve as the basis for a new article of impeachment against the president, is “insurrection.”
The criminal courts, or Congress in the case of impeachment, will decide whether the defendants are guilty of those offenses. But it made me wonder, particularly in light of new warnings about similar events occurring at state capitols in the days ahead, what does our law say about insurrection in North Carolina?