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Articles 1 - 30 of 40
Full-Text Articles in Law
No-Knock Warrants: Protective Or Predatory For North Carolinians?, Micah Mooring
No-Knock Warrants: Protective Or Predatory For North Carolinians?, Micah Mooring
Campbell Law Review
Much ink has been spilled on arguments for restraining law enforcement’s use of no-knock warrants. In 2020, the issue was thrust into the national spotlight with the tragic death of Breonna Taylor at the hands of the Louisville Metro Police Department. While national attention focused on the federal response, Oregon, Florida, Virginia, and other states sprang into action by critically reexamining the justifications offered for the use of no-knock warrants and, in some cases, finding these justifications wanting. The Comment suggests that the justification of safety that no-knock warrants share with their predecessor, the venerable knock-and-announce rule, is not borne …
Shaken Baby Syndrome As Felony Murder In North Carolina, Derick R. Vollrath
Shaken Baby Syndrome As Felony Murder In North Carolina, Derick R. Vollrath
Campbell Law Review
This Article argues that the North Carolina criminal law’s treatment of Shaken Baby Syndrome should be reformed. Rather than leaving in place a legal regime that allows the state to prosecute all Shaken Baby Syndrome cases as first-degree murder, the law should distinguish between accidental and purposeful killings. If the state wishes to punish Shaken Baby Syndrome cases with special severity, the General Assembly should make this policy choice explicit. In making this argument, this Article proceeds in three parts. First, this Article examines how and why North Carolina subjects all Shaken Baby Syndrome deaths to prosecution as first-degree murder. …
Federal Prosecution Of State And Local Officials Using Honest Services Mail Fraud: Where's The Line?, George E.B. Holding, Dennis M. Duffy, John Stuart Bruce
Federal Prosecution Of State And Local Officials Using Honest Services Mail Fraud: Where's The Line?, George E.B. Holding, Dennis M. Duffy, John Stuart Bruce
Campbell Law Review
Although there is little dispute that the mail fraud statute has become a valuable part of a federal prosecutor's arsenal, for years legal scholars have debated the extent to which the mail fraud statute should be used to prosecute corrupt state and local officials. In recent years, largely in response to the large number of high profile honest services fraud prosecutions, even members of the mainstream news media are beginning to seek guidance regarding the definition of honest services mail fraud. As noted by Professor George Brown, though the controversy over whether the national government should be responsible for prosecuting …
Cell Phone - A "Weapon" Of Mass Discretion, Mark L. Mayakis
Cell Phone - A "Weapon" Of Mass Discretion, Mark L. Mayakis
Campbell Law Review
Initially, this Comment will discuss the development of the search incident to arrest exception from the warrant requirement and how this exception has been generally defined and judicially interpreted. The next section will include a discussion of how the search incident to arrest exception has been applied to searches of the content stored within pagers. This Comment will then explain how modern cell phones have created difficulties for courts applying the search incident to arrest exception, causing these courts to diverge down two different lines of reasoning, ultimately reaching opposite conclusions. Finally, this Comment will reiterate the necessity that the …
One Tough Pill To Swallow: A Call To Revise North Carolina's Drug Trafficking Laws Concerning Prescription Painkillers, Evan M. Musselwhite
One Tough Pill To Swallow: A Call To Revise North Carolina's Drug Trafficking Laws Concerning Prescription Painkillers, Evan M. Musselwhite
Campbell Law Review
This Comment takes the position that when the legislature enacted the statute for trafficking in opium or heroin in 1979, it never intended the statute to apply to prescription drugs containing oxycodone and acetaminophen. The statute was enacted during America's "war on drugs," a time when the country was concerned with the rise of illegal street drugs such as heroin, LSD, cocaine, and marijuana, a time when prescription drug abuse was not nearly as prevalent as it is today and twenty years before Percocet was first introduced.
Arresting Development: A Call For North Carolina To Expand Its Forensic Database By Collecting Dna From Felony Arrestees, John Maddux
Campbell Law Review
For nearly twenty years, state and federal law enforcement agencies have turned to DNA databases as a means of identifying offenders, generating leads in cold cases, and on occasion, exonerating the innocent. Naturally, the larger the database, the more likely it is that a new DNA profile entered into the system will generate a match. Currently, fifty states maintain DNA databases, and of those, forty-seven-including North Carolina-collect and store DNA profiles from all persons convicted of any felony offense. Statutes requiring the collection of DNA profiles from convicts are a positive step toward improving the database tools; however, by only …
"It's Not World Peace, But ..." Restorative Justice: Analysis Of Recidivism Rates In Campbell Law School's Juvenile Justice Project, Jennifer L. Kerrigan
"It's Not World Peace, But ..." Restorative Justice: Analysis Of Recidivism Rates In Campbell Law School's Juvenile Justice Project, Jennifer L. Kerrigan
Campbell Law Review
This Comment explores victim-offender mediation and specifically the recidivism rates of the juveniles who participated in Campbell's Juvenile Justice Project (JJP). Part II gives a brief background on the different theories of justice and the move towards restorative justice. Part III explains how the JJP came to be and how it currently functions. Part IV outlines the methods used to determine the recidivism rates of the program. Part V displays the results of the study and illustrates the differences with charts. Part VI discusses the possible explanations for the differences in the recidivism rates. Part VII concludes with closing remarks …
Child Sex Abuse Victims: How Will Their Stories Be Heard After Crawford V. Washington?, Erin Thompson
Child Sex Abuse Victims: How Will Their Stories Be Heard After Crawford V. Washington?, Erin Thompson
Campbell Law Review
This comment focuses on the Confrontation Clause's interpretation throughout history and demonstrates the adverse effects the current state of the law has on child sex abuse victims like Alice and Bonnie. As such, the United States Supreme Court should declare that current statutory protections for child sex abuse victims are valid exceptions to the Confrontation Clause. Additionally, states should be encouraged to establish these statutes where they do not exist.
Double Jeopardy And The Death Penalty: A Fundamental Constitutional Protection With Life Or Death Consequences, Kristen Lindsay Todd
Double Jeopardy And The Death Penalty: A Fundamental Constitutional Protection With Life Or Death Consequences, Kristen Lindsay Todd
Campbell Law Review
What is the effect of a deadlocked jury in a sentencing hearing for the application of the death penalty on the termination of jeopardy? This comment will explore this issue as presented in Sattazahn v. Pennsylvania, and analyze not only the arguments made in both the majority and dissenting opinions, but other considerations which arise when deciding if double jeopardy protections should apply. Also considered in the comment is the effect of the Sattazahn decision on future criminal defendants. What consequences will this decision have for the death row defendant when trying to decide whether to appeal his possibly erroneous …
Scarlet Letter Punishment For Juveniles: Rehabilitation Through Humiliation?, Bonnie Mangum Braudway
Scarlet Letter Punishment For Juveniles: Rehabilitation Through Humiliation?, Bonnie Mangum Braudway
Campbell Law Review
This comment begins by discussing the historical development of the juvenile justice system and society's use of shaming penalties. In Section III, it will point out the dangers of using shaming penalties on juvenile offenders. Section IV will explore how the highest courts in two major jurisdictions may handle an appeal from a fictional juvenile sentenced to a shaming punishment. Finally, the comment will discuss possible improvements in the juvenile justice system.
North Carolina's (F)(1) Mitigating Circumstance: Does It Truly Serve To Mitigate?, Ashley P. Maddox
North Carolina's (F)(1) Mitigating Circumstance: Does It Truly Serve To Mitigate?, Ashley P. Maddox
Campbell Law Review
The purpose of this article is to bring awareness to the misapplication of North Carolina's (f)(1) mitigating circumstance. Part II provides the legal development of the Eighth Amendment in the United States Supreme Court. Part III provides a background on North Carolina's death penalty scheme. Part IV addresses North Carolina law on mitigating circumstances. Finally, Part V provides analogous situations in the criminal law of North Carolina where the same acts admitted under the (f)(1) mitigating circumstance are treated as "significant", including The Structured Sentencing Act, The Habitual Offender Act, and the submission of the (e)(3) aggravating circumstance and the …
Criminal Defendants Deemed Incapable To Proceed To Trial: An Evaluation Of North Carolina's Statutory Scheme, Jennifer L. Morris
Criminal Defendants Deemed Incapable To Proceed To Trial: An Evaluation Of North Carolina's Statutory Scheme, Jennifer L. Morris
Campbell Law Review
This Comment will first address North Carolina's statute governing incapacity to proceed to trial. Next, this Comment will turn to the purpose and need for involuntary commitment, followed by a discussion of and explanations for the correlation between mental illness and criminal incarceration. This Comment will then present some suggestions for statutory revision of the existing North Carolina statute and will conclude with a brief discussion of funding issues.
"Don't Bother Knockin' ... Come On In!:" The Constitutionality Of Warrantless Searches As A Condition Of Probation, Matthew S. Roberson
"Don't Bother Knockin' ... Come On In!:" The Constitutionality Of Warrantless Searches As A Condition Of Probation, Matthew S. Roberson
Campbell Law Review
This note will examine the Supreme Court's decision in United States v. Knights. Part II presents factual background and the basis for the district court's decision to suppress evidence seized during the search of Knight's home, as well as the Ninth Circuit's affirming opinion. The note then presents the Supreme Court's analysis and reasoning for reversing the lower court. Part III discusses the jurisprudence leading to the Court's decision and part IV addresses the impact of the Court's decision.
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?
I-95 A/K/A The Drug Trafficker's Freeway And Its Impact On State Constitutional Law, The Honorable Robert H. Hobgood
I-95 A/K/A The Drug Trafficker's Freeway And Its Impact On State Constitutional Law, The Honorable Robert H. Hobgood
Campbell Law Review
This article argues that a criminal in a search and seizure case can expect disparate results in different state trial courts although identical factual situations exist. The good faith exception to the exclusionary rule adopted by the United States Supreme Court in United States v. Leon has not been applied with uniformity in state courts. Furthermore, this article finds that some state courts, relying on "adequate and independent" state grounds, have afforded criminal defendants greater protection under state constitutions and statutes than they would receive in other state courts or federal district courts. Finally, this article argues that state appellate …
Ramifications Of The 1997 Dwi/Felony Prior Record Level Amendment To The Structured Sentencing Act: State Of North Carolina V. Tanya Watts Gentry, William Thomas Kesler Jr.
Ramifications Of The 1997 Dwi/Felony Prior Record Level Amendment To The Structured Sentencing Act: State Of North Carolina V. Tanya Watts Gentry, William Thomas Kesler Jr.
Campbell Law Review
It is the purpose of this note to examine pertinent general statutes and case law to determine whether using previous DWI convictions as both elements in habitual impaired driving and towards the defendant's prior record level is truly "contrary to the laws of this state". First, this note will look at the 1997 amendment to the Structured Sentencing Act, and how its effects led to the controversy in Gentry. Next, this note will examine an overview of North Carolina's jurisprudence of the habitual felon statutes and the habitual impaired driving statute in order to provide a look at the attitude …
North Carolina's Unconstitutional Expansion Of An Ancient Maxim: Using Dwi Fatalities To Satisfy First-Degree Felony Murder, Graham T. Stiles
North Carolina's Unconstitutional Expansion Of An Ancient Maxim: Using Dwi Fatalities To Satisfy First-Degree Felony Murder, Graham T. Stiles
Campbell Law Review
This Comment argues that using a traffic fatality to satisfy the felony-murder rule is inappropriate. When the State prosecutes a DWI fatality under the felony murder rule, it diminishes the concept of an ancient doctrine. If it is the goal of the State to give life sentences or the death penalty for DWI fatalities, then it is the responsibility of the North Carolina General Assembly to enact a statute specifically dictating such punishment rather than the court judicially imposing the punishment through their interpretation of the felony-murder rule.
The Amy Jackson Law - A Look At The Constitutionality Of North Carolina's Answer To Megan's Law, Nikki Gfellers, Kimberly S. Lewis
The Amy Jackson Law - A Look At The Constitutionality Of North Carolina's Answer To Megan's Law, Nikki Gfellers, Kimberly S. Lewis
Campbell Law Review
This comment will first explore the complexities of North Carolina's Amy Jackson Law. Second, it will discuss the statutory response to sex offender recidivism by other states as compared to North Carolina, with a focus on New Jersey. This will include an analysis on the constitutionality of these statutes. Finally, the comment will review any expected ramifications, both legal and to the community, of this North Carolina legislation.
The Constitutionality Of Anti-Gang Legislation, Beth Bjerregaard
The Constitutionality Of Anti-Gang Legislation, Beth Bjerregaard
Campbell Law Review
The purpose of this article is to examine the constitutionality of anti-gang legislation within the context of the First Amendment. Specifically, the doctrines of vagueness and overbreadth and the related issue of freedom of association will be examined with respect to statutory provisions which criminalize gang participation.
Was The First Woman Hanged In North Carolina A "Battered Spouse?", Jeffrey P. Gray
Was The First Woman Hanged In North Carolina A "Battered Spouse?", Jeffrey P. Gray
Campbell Law Review
No abstract provided.
Fighting Fire With Fire: "Reverse Bad Faith" In First-Party Litigation Involving Arson And Insurance Fraud, Cathryn M. Little
Fighting Fire With Fire: "Reverse Bad Faith" In First-Party Litigation Involving Arson And Insurance Fraud, Cathryn M. Little
Campbell Law Review
No abstract provided.
Conditioning A Woman's Probation On Her Using Norplant: New Weapon Against Child Abuse Backfires, Scott J. Jebson
Conditioning A Woman's Probation On Her Using Norplant: New Weapon Against Child Abuse Backfires, Scott J. Jebson
Campbell Law Review
Several courts have required female child abusers to choose between either going to prison or accepting the surgical implantation of Norplant as a condition of probation. In this Article, Mr. Jebson argues that a Norplant probation condition is invalid because it is both unreasonable and the probationer cannot give her informed consent to the procedure. Mr. Jebson argues that requiring a woman to choose between using Norplant and going to prison may violate her fundamental right to procreate, her right to be free from cruel and unusual punishment, and her right to freely exercise her religion. Further, the Author also …
The Admissibility Of Prior Acquittal Evidence - Has North Carolina Adopted The "Minority View?" - The Effect Of State V. Scott, Matthew S. Sullivan
The Admissibility Of Prior Acquittal Evidence - Has North Carolina Adopted The "Minority View?" - The Effect Of State V. Scott, Matthew S. Sullivan
Campbell Law Review
This Note will examine the court's decision in State v. Scott. First, the Note will address the facts of the case. Second, it will set out the background on how courts decide whether evidence of this nature should be admitted, mainly focusing on Rules 403 and 404(b) of the North Carolina Rules of Evidence. Next, the Note will analyze how the court arrived at this "bright-line" rule as well as the effect it will have in future cases. Finally, the Note will conclude that even though North Carolina adopted the "minority rule", this approach is proper under the concept …
Prosecutorial Discretion And Substantial Assistance: The Power And Authority Of Judicial Review - United States V. Wade, John S. Austin
Prosecutorial Discretion And Substantial Assistance: The Power And Authority Of Judicial Review - United States V. Wade, John S. Austin
Campbell Law Review
This Note analyzes the Wade case and argues that the Supreme Court correctly found that a district court can review any prosecutorial decision when it is based on an unconstitutional basis. First, the Note addresses the case history and background behind "substantial assistance" and the Guidelines. Second, it analyzes the reasoning of the Court: whether the ruling furthers the purpose of the Guidelines; whether protections under the Due Process Clause apply; whether the ruling is consistant with other holdings concerning analogous prosecutorial powers; and whether a threshold showing of unconstitutional bias is a necessary prerequisite before review. Third, it discusses …
Its Days Were Numbered: The Year And A Day Rule Falls In North Carolina - State V. Vance, Melanie Lewis Vtipil
Its Days Were Numbered: The Year And A Day Rule Falls In North Carolina - State V. Vance, Melanie Lewis Vtipil
Campbell Law Review
This Note has several objectives. It will describe the origins and early rationale for the rule, as well as trace its growth and later demise in North Carolina. In addition, it will analyze the court's decision and the factors that led up to it. Finally, it will explore the ramifications of the court's decision and determine if this was the proper course for the court to take.
Uniform Controlled Substances Act Of 1990, Richard L. Braun
Uniform Controlled Substances Act Of 1990, Richard L. Braun
Campbell Law Review
No abstract provided.
The Death Of Discretion: Prior Felony Convictions Automatically Admissible In Civil Actions - Green V. Bock Laundry Machine Co., Kimberly S. Smith
The Death Of Discretion: Prior Felony Convictions Automatically Admissible In Civil Actions - Green V. Bock Laundry Machine Co., Kimberly S. Smith
Campbell Law Review
This Note has four objectives. First, the Note examines the facts presented to the Green Court. Second, the Note surveys Rule 609's history and the divergent pre-Green views regarding Rule 609's application in the civil arena. Third, the Note examines Green's analysis and the Supreme Court's conclusion that Rule 609 forecloses any judicial discretion in admitting or excluding prior convictions evidence. And, finally, the Note concludes that North Carolina's Rule 609 should also be interpreted as requiring trial judges to admit prior convictions evidence regardless of unfair prejudice.
Double Jeopardy - When Does Jeopardy Attach In A Non-Jury Trial In North Carolina? - State V. Brunson, John M. Nunnally
Double Jeopardy - When Does Jeopardy Attach In A Non-Jury Trial In North Carolina? - State V. Brunson, John M. Nunnally
Campbell Law Review
Under Brunson, clear guidelines now exist for all parties involved in criminal trials regarding exactly when jeopardy attaches in a nonjury trial in North Carolina. This Note will analyze the court's decision. First, this Note will present the facts that were before the Brunson court. Second, this Note will discuss the history of double jeopardy and the conflicting views of when it attaches in a bench trial. Third, this Note will analyze the Brunson decision and its effect on criminal procedure in North Carolina. Finally, this Note concludes that although the time period adopted by the court is correct, …
Criminal Law - Battered Woman Syndrome: The Killing Of A Passive Victim - A Perfect Defense Or A Perfect Crime? - State V. Norman, Jeffrey M. Cutler
Criminal Law - Battered Woman Syndrome: The Killing Of A Passive Victim - A Perfect Defense Or A Perfect Crime? - State V. Norman, Jeffrey M. Cutler
Campbell Law Review
This Note will examine the strengths and weaknesses of the decision in State v. Norman, and will discuss whether this ruling provides solutions or further problems for the legal system in this area of controversy. In scrutinizing what has been labeled the "battered spouse syndrome," the legal profession must answer a question. Is the use of the syndrome creating a perfect defense or is it opening the door to the perfect crime?