Criminal Law

The Officer that Cried “Weed.” Why Some States Won’t Legalize Marijuana.

February 1, 2023

Picture it; a car is pulled over by the police for a traffic offense—perhaps speeding or not using a turn signal. The officer says he smells marijuana and demands that the driver get out of the car so that he can proceed with his warrantless search. The officer finds marijuana, cocaine, and a ...[Continue Reading]

Public Policy vs. The Constitution: Confronting Minor Victims of Sexual Assault

January 14, 2023

Ratified in 1791, the Sixth Amendment of the United States Constitution sets forth rights related to criminal prosecutions. The amendment requires a speedy and public trial as well as an impartial jury; it also encompasses the confrontation clause. The Confrontation Clause provides that “in ...[Continue Reading]

Murder on the “Rust” Express

March 29, 2022

As facts continue to come to light about Halyna Hutchins’s death, there is one thing that is known, Hutchins was fatally shot with a loaded prop gun while on the set of the film, “Rust.” As the wielder of the weapon, Alec Baldwin has been implicated in her death. The police have begun to ...[Continue Reading]

The Night the Lights Went Out in SC

March 10, 2022

The name “Murdaugh” has held a position of honor in the South Carolina Lowcountry for over three generations. In addition to a private law practice, at least one Murdaugh served as the 14th Circuit Solicitor for over 80 years. The 14th Circuit Solicitor’s Office sits between two of the ...[Continue Reading]

To Ban or Not To Ban: The Death Penalty in Limbo

September 14, 2021

The idea of capital punishment and its legality have enveloped the news and media for centuries. But where did the death penalty come from, how has it developed over time, and how much longer will it be around? ...[Continue Reading]

Raise the Age 2.0: N.C. Remains the Only State in America to Prosecute Six-Year-Old Children in Juvenile Court – Advocates Say it is Time to Raise the Minimum Age of Juvenile Jurisdiction

March 31, 2021

North Carolina is the only state in the nation where the law declares a 6-year-old an eligible defendant in the juvenile justice system. North Carolina has proven it can raise the maximum, and now it is time to raise the minimum age. ...[Continue Reading]

Mugshots & the Degradation of the Presumption of Innocence

February 26, 2021

What do Johnny Cash, Bill Gates, Al Capone, and Martin Luther King Jr. all have in common? Mugshots. All of these history-defining individuals, for one reason or another, had interactions with the law. However, despite these figures gaining notoriety in spite of their mugshots, for many ...[Continue Reading]

Insurrection at the Capitol Revives Debate Over Statute Outlawing Domestic Terrorism

January 19, 2021

Currently, there is no federal law or crime that directly addresses and outlaws “domestic terrorism.” Thus, domestic terrorism is not a chargeable criminal offense. Despite the fact that lawmakers, experts, and the media have identified the reprehensible events of January 6th as domestic terrorism, prosecutors cannot actually charge the rioters specifically with domestic terrorism. ...[Continue Reading]

Cops, Not Robbers: The Clash Between No-Knock Warrants and the Castle Doctrine

January 2, 2021

The use of no-knock warrants has increased exponentially over the last few decades, highlighting a fatal clash between no-knock warrants and the castle doctrine. The killing of Breonna Taylor has sparked public outcry and has thrust two competing legal principles – the no-knock warrant and the ...[Continue Reading]

The Insanity Defense: From Fundamental Legal Principle to Legal Fiction

October 7, 2020

In Kahler, the Court did not merely uphold Kansas' interpretation of a vital protection; it allowed Kansas to, in effect, eviscerate the protection entirely. ...[Continue Reading]

Cell Site Simulators Meet the Fourth Amendment: When can the police track your phone (read: you) without a warrant?

September 2, 2020

“[M]odern cell phones . . . are now such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy." Riley v. California, 134 S. Ct. 2473, 2484 (2014) ...[Continue Reading]

Tracking the Recent Decisions in North Carolina’s Satellite-Based Monitoring Jurisprudence

May 4, 2020

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . . . The black device exclaimed “low battery” in a robotic voice drawing curious glances from passerby. This was his cue. The ankle ...[Continue Reading]

What Monopoly Can Teach Us About Cash Bail Reform: Recent Efforts, Pros and Cons, and the Community Response

January 31, 2020

“Go to Jail. Go directly to jail. Do not pass go. Do not collect $200.” Jail is one of the most-landed on spaces in a typical game of Monopoly. However, for many Americans, Monopoly jail is the closest they will ever come to being behind bars. The latest Department of Justice ...[Continue Reading]

Is that Legal Hemp or Illegal Marijuana? Essential Differences and the Consequences of Treating Them the Same

November 22, 2019

The 2019 North Carolina Farm Bill looks to ban smokable hemp throughout the state. The North Carolina House of Representatives and Senate are at odds choosing a date to ban smokable hemp. One side wants to accommodate law enforcement’s request to ban hemp, while the other side wants to make ...[Continue Reading]

Excessive use of force: where decisions made in seconds are scrutinized for years

February 25, 2019

The truth is that only those officers, under those circumstances, at that scene, on that day, can truly account for both what was and was not reasonable. ...[Continue Reading]

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