Articles in regional publications that pertain to a wide range of North Carolina-related topics.
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107 results
for "Administration of Justice Memorandum"
Record #:
29973
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North Carolina Administrative Office of the Courts is unable to fund regional magistrates’ schools this fall. Accordingly, this memorandum covers all legislation enacted in 1980 by the General Assembly and all North Carolina appellate court decisions of the last year of interest to magistrates.
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Record #:
29975
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The Fair (or Presumptive) Sentencing Act was amended in June 1980. The amendments pertain to active prison terms, aggravating and mitigating factors in proof of offense, appropriate relief and appellate review regarding sentences.
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Record #:
29976
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In a case decided December 2, 1980, the North Carolina Supreme Court rejected principles of conspiracy law and vicarious liability previously believed to be well settled in the state. This memorandum discusses the case and the implications for prosecutors.
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Record #:
29988
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The 1977 Session Laws, which rewrites the section prescribing penalties for driving under the influence of drugs or intoxicating liquor, becomes effective March 1, 1979. The new statute is provided in this memorandum.
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Record #:
29989
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In Delaware v. Prouse, the United States Supreme Court held that a police officer may not stop a vehicle to check the motorist’s driver’s license, vehicle registration, or equipment, unless the situation follows certain conditions. This memorandum summarizes the facts and reasoning of the case and discusses the implications for North Carolina law.
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Record #:
29990
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In North Carolina v. Butler, the United States Supreme Court invalidated the North Carolina rule that a defendant must expressly waive his Miranda rights before his statements are admissible in court. A waiver may sometimes be found, depending on the facts of the case, even when the defendant does not explicitly state that a lawyer is not wanted.
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Record #:
29991
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Several federal courts of appeals, including the one that serves North Carolina, have recognized the greater rights of detainees. However, in Bell v. Wolfish, the United States Supreme Court made it clear that the constitutional rights of both convicts and pretrial detainees can be much more restricted than the constitutional rights of free persons.
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Record #:
29992
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This memorandum reviews the current law on searches of people who are in custody, emphasizing the kinds of facts that have prompted courts to limit the authority of officers and noting the areas in which some future limitations might be expected. There is little North Carolina law on most of these issues and sometimes the decisions in other jurisdictions are in conflict.
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Record #:
29993
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On March 6, 1979, the General Assembly ratified the Uniform Child Custody Jurisdiction Act, thus adding North Carolina to the list of thirty-four states that have enacted the uniform law. The act was adopted in response to the growing problem of simultaneous lawsuits in several states regarding the custody of the same child.
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Record #:
29994
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Over the years, the United States Supreme Court, the appellate courts of North Carolina, and the North Carolina legislature have developed certain rules for conducting arson investigations. All of these rules involve balancing law enforcement’s interest in investigating apparent crimes with the property owner’s expectation of privacy. This article is a brief summary of those rules.
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Record #:
29995
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This memorandum summarizes the acts of the 1979 session of the General Assembly that affect criminal law and procedure. The acts which are discussed go into effect by October 1, 1979.
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Record #:
29996
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This memorandum discusses legislation about subjects other than criminal law enacted by the 1979 General Assembly that affect magistrates. In general, the subjects pertain to magistrate salaries and qualifications, jurisdiction and fees, consumer contracts, summary ejectment, and involuntary commitment.
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Record #:
29997
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The 1979 General Assembly emphasized on a clean-up of existing law and the passage of a few pieces of legislation designed to remedy recurring problems. The laws pertain to probation, parole, and adult correction procedures.
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Record #:
29998
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The Fair Sentencing Act was the cornerstone of North Carolina’s crime-control program in the 1979 Session. Applicable to felonies committed on or after July 1, 1980, the act is intended to make punishment for felonies more certain, fair, and balanced by regulating the sentencing superior court judge’s discretion.
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Record #:
29999
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This is the second in a series of memoranda summarizing acts of the 1979 General Assembly affecting criminal law and procedure. This publication concerns acts that go into effect on or after October 1, 1979.
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