A UNC School of Government Blog
In addition to the regular sentencing points assigned to a defendant based on his or her prior convictions, there are two additional “bonus points” that apply in certain circumstances. One is for defendants being sentenced for crimes committed while they were probation, parole, or post-release supervision; serving a sentence of imprisonment; or on escape. G.S. … Read more
In 2008 the General Assembly enacted two new crimes, rape of a child by an adult offender under G.S. 14-27.2A, and sexual offense with a child by an adult under G.S. 14-27.4A. S.L. 2008-117. Both crimes have special sentencing rules and special provisions for lifetime satellite-based monitoring. Today’s post responds to some of the questions … Read more
Thanksgiving is my favorite holiday. It puts me in a good mood. I suspect that certain holidays put other people — like judges — in a good mood, too. And there’s some evidence that judges’ sentencing decisions are influenced by factors similar to mood, like the widely-reported study showing that tired judges deny parole more … Read more
Questions related to the Justice Reinvestment Act keep flooding in. Lots of them have been addressed elsewhere on this blog (see our Justice Reinvestment Resource Page for a collection of everything that’s been written so far), but I thought it might be helpful to collect some of the frequently asked questions into a single post. … Read more
Some probationers are subject to a curfew—a time each day (usually in the evening or at night) when they are restricted to their residence. Recent changes to the law have generated some questions about curfews. In particular, there appears to be some confusion about whether a curfew can or must be monitored electronically. This post … Read more
Former Penn State defensive coordinator Jerry Sandusky was sentenced yesterday to 30 to 60 years in prison on 45 counts of sexually abusing boys. The New York Times has the story here. The sentencing judge could have imposed a much longer cumulative sentence, but said: “I’m not going to sentence you to centuries. It makes … Read more
The Justice Reinvestment Act created a new early release program called Advanced Supervised Release (ASR). In short, the law allows certain prison inmates to get out of prison early if they complete “risk reduction incentives” while they are incarcerated. I wrote about the basics of the law here, and covered a glitch in the law’s … Read more
Y’all may be tired of reading about sentencing in impaired driving cases, particularly if you’ve read this entire bulletin. But I’m hoping the reader-market will bear a few more sentencing-related posts since I’ve not tired of writing about the subject. Recently, in a session I taught about sentencing under G.S. 20-179, a lively discussion broke … Read more
Under G.S. 15A-1340.14(e), a defendant’s prior out-of-state convictions count by default as Class I felonies if the other jurisdiction classifies them as a felony, or as Class 3 misdemeanors if the other jurisdiction classifies them as a misdemeanor. The State or the defendant may, however, attempt to depart from those default classifications through a preponderance-of-the-evidence … Read more
I’ve heard folks say that there is criminal law . . . and then there is impaired driving law. What I think they mean is that while impaired driving is, of course, a crime, subject to the rules of criminal procedure and constitutional provisions that apply generally to the investigation, charging, trial, conviction and sentencing … Read more