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Full-Text Articles in Law
Once, Twice, Four Times A Felon: North Carolina's Unconstitutional Recidivist Statutes, Jason White
Once, Twice, Four Times A Felon: North Carolina's Unconstitutional Recidivist Statutes, Jason White
Campbell Law Review
This article will examine actions taken by the North Carolina legislature to address problems posed by recidivist criminal behavior. In particular, the constitutional standing of North Carolina's habitual misdemeanor assault and habitual impaired driving statutes will be evaluated. In order to provide an adequate discussion, the history and general principles of recidivism will be addressed. In addition, the impact of recidivist statutory trends upon constitutional guarantees of double jeopardy will be analyzed. Finally, the article will explain that North Carolina's habitual misdemeanor statutes are standing upon teetering constitutional ground.
Ignorance Of The Law: Should It Excuse Violations Of Certain Federal Restrictions On The Possession Of Firearms?, Thomas L. Fowler
Ignorance Of The Law: Should It Excuse Violations Of Certain Federal Restrictions On The Possession Of Firearms?, Thomas L. Fowler
Campbell Law Review
Are thousands of North Carolinians violating federal criminal law every day without knowing it even though such violations may subject them to imprisonment for up to ten years and a fine of up to $250,000? Ignorance of the law is generally held not to excuse criminal conduct, but can such ignorance ever be so reasonable and predictable as to constitute a legitimate excuse? Are some laws so obscure, technical, counter-intuitive, or hard to discover that ignorance of the law will be a defense?