Work Release (July 17, 2014)
Jamie Markham
Most people can get behind the idea that inmates should, if able, do some sort of work during their incarceration. By statute, “[i]t is declared to be the public policy […]
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July 17, 2014
Most people can get behind the idea that inmates should, if able, do some sort of work during their incarceration. By statute, “[i]t is declared to be the public policy […]
READ POST "Work Release (July 17, 2014)"July 10, 2014
Before Structured Sentencing we had Fair Sentencing. Under Fair Sentencing, there was no such thing as “prior record level,” but a prior conviction could qualify as an aggravating factor, exposing […]
READ POST "Counting Joined Offenses for Prior Record Points (July 10, 2014)"July 9, 2014
Last month, the court of appeals decided State v. Hogan, __ N.C. App. __, 758 S.E.2d 465 (2014), a case about the use of a defendant’s prior convictions from New […]
READ POST "Court of Appeals Rules on Prior Convictions from New Jersey (July 9, 2014)"June 23, 2014
It’s time to post an updated sex offender registration and monitoring flow chart. The new chart is available here. It incorporates the following issues, which were resolved by recent appellate […]
READ POST "Revised Sex Offender Flow Chart (June 2014 edition) (June 23, 2014)"June 18, 2014
A recent case from the Supreme Court of North Carolina appears to have relaxed the limits on the use of hearsay at a probation violation hearing. The case also sheds […]
READ POST "Hearsay at Probation Violation Hearings (June 18, 2014)"June 11, 2014
Entering a sentence is more than a mere recitation of months and years and dollars. A judge has wide latitude to consider all sorts of information at sentencing, and then […]
READ POST "Religious Comments at Sentencing (June 11, 2014)"June 3, 2014
When a person’s probation is revoked, his or her suspended sentence is generally activated in the same manner in which it was entered by the sentencing judge. But a lot […]
READ POST "Modifying a Sentence upon Revocation of Probation (June 3, 2014)"May 20, 2014
The county is generally responsible for the cost of emergency medical care for jail inmates. G.S. 153A-224(b). It’s not always clear what constitutes an emergency, but state regulations include things […]
READ POST "Releasing Jail Inmates to Limit Medical Expenses (May 20, 2014)"May 5, 2014
Extraordinary mitigation—or, more precisely, dispositional deviation for extraordinary mitigation—under G.S. 15A-1340.13(g) is a way for the court to impose a probationary sentence for a defendant whose offense class and prior […]
READ POST "Extraordinary Mitigation (May 5, 2014)"May 1, 2014
The School of Government’s mobile app for Structured Sentencing is available for download. The version for Apple devices—iPhone and iPad—is in the iTunes App Store, linked here. (You’ll need at […]
READ POST "Sentencing Smartphone App Available (May 1, 2014)"