data Archives – North Carolina Criminal Law

What Do We Know About Violent Crime Trends in North Carolina?

March 10, 2023November 28, 2022 Alexander Cowell

Crime statistics are compelling reading. When federal agencies release new estimates of the national crime rate, the news media pounce. The crime rate, its causes, and how to address crime are being hotly debated. Violent crime in particular prompts concern about public safety and the appropriate policy response.

So, what do the data tell us about trends in violent crime in North Carolina?

Where the data come from and what they can and can’t tell us about crime

There are three main sources of crime data in North Carolina: police data, court data, and victim surveys (Figure 1).

This post focuses on the first two data sets: police and court data. Although the victim survey data (from the annual National Crime Victimization Survey) provide estimates for both the nation and North Carolina, they are challenging to use and an in-depth discussion requires more than a single blog post.

Commission Recommends Changes to DWI Laws and Correctional Policies

January 22, 2020 Shea Denning

The North Carolina Sentencing and Policy Advisory Commission released last November a report recommending several changes to the state’s impaired driving laws and correctional policies. The report marked the culmination of more than three years of study that included examination of DWI sentencing and correctional data as well as consideration of input from law enforcement, prosecutors, defense attorneys, and providers of substance abuse treatment. The report’s fifteen recommendations address issues ranging from pretrial conditions of release for defendants charged with impaired driving to the place of confinement for defendants serving active sentences.

Use of Summons v. Arrest in North Carolina Misdemeanor Cases: A County-Level Analysis

September 19, 2019 Jessica Smith

Under state law, pretrial conditions must be set after a defendant is arrested for a crime, and this typically occurs at the initial appearance before a magistrate. G.S. 15A-511. Although state statutes express a preference for non-financial conditions (written promise to appear, custody release, and unsecured bond), G.S. 15A-534(b), secured bonds are the most commonly imposed pretrial condition in North Carolina. See Jessica Smith, How Big a Role Does Money Play in North Carolina’s Bail System (July 2019). Much has been written about the problems of using money to detain pretrial, including the unfairness of incarcerating people not because they are risky but because they are poor. Thus, in discussions about procedural reform, there is interest in making sure that law enforcement and court officials only execute or order arrests in cases where arrest is in fact required. If, in low-level cases for example, the officer opts for a citation instead of a warrantless arrest or the magistrate opts for a summons instead of an arrest warrant, the defendant simply is directed to appear in court to answer the charges. Since the defendant is not taken into custody, there is no initial appearance or setting of conditions, which again, skew towards secured bonds and create the potential for wealth-based detentions and other negative consequences. This explains why stakeholders are looking at citation and summons in lieu of arrest policies, either as stand-alone reforms or as part of broader bail reform efforts. As stakeholders explore these matters, they are asking questions about the prevalence of citation and summons use in their communities. In a paper here, we present data regarding citation usage in North Carolina. In this paper, we focus on usage of the criminal summons.

Citation Versus Arrest by North Carolina Law Enforcement Officers: A County-Level Analysis

September 16, 2019 Jessica Smith

Editor’s Note: This post was written by Professor Jessica Smith and graduate research assistant Ross Hatton.

Charged with identifying best practices and offering recommendations on how policing practices can promote effective crime reduction while building public trust, the Presidential Task Force on 21st Century Policing recommended that law enforcement agencies develop and adopt policies and strategies that reinforce the importance of community engagement in managing public safety. Specifically, it recommended that agencies adopt preferences for “least harm” resolutions, including the use of citation in lieu of arrest for low-level offenses. Increased use of citations offers other potential benefits, including increased law enforcement efficiency. A report by the International Association of Chiefs of Police found that citations offer a time savings of just over an hour per incident. Additionally, increased use of citations can help reduce unnecessary pretrial detentions of low-risk defendants and associated costs, unfairness, and negative public safety outcomes. An arrest triggers an initial appearance and imposition of conditions of pretrial release. Because secured bonds are the most common condition imposed in North Carolina, see Jessica Smith, How Big a Role Does Money Play in North Carolina’s Bail System (July 2019), the decision to make an arrest versus issue a citation often results in imposition of a secured bond and associated wealth-based detentions. For these and other reasons, justice system stakeholders are interested in citation in lieu of arrest policies, particularly for low-level crimes. One common question that stakeholders have been asking is: What do we know about how often officers use citations or make arrests in North Carolina? Read on for answers.