North Carolina Governor Announces Formation of Juvenile Sentence Review Board
by Douglas Ankney
On April 8, 2021, North Carolina Governor Roy Cooper announced the formation of the North Carolina Juvenile Sentence Review Board (“Review Board”). Governor Cooper referenced well-known facts, saying “[d]evelopments in science continue to show fundamental differences between juvenile and adult minds. For those who have taken significant steps to reform and rehabilitate themselves, this process can provide a meaningful opportunity for release and a life outside of prison.”
Executive Order 208 (“EO 208”) creates a four-person advisory board to review qualifying sentences imposed in North Carolina on defendants who were convicted and sentenced in adult courts for acts committed while juveniles under the age of 18.
The Review Board will conduct a comprehensive, individualized review based on criteria outlined in EO 208, to include rehabilitation and maturity demonstrated by the individual contrasted with developmental immaturity at the time the crime was committed; presence of adult co-defendant or accomplices; and mental health at the time of the crime. The Review Board will also consider input from the families of both the defendant and the victim; potential risk to society posed by defendant if released; and whether race had an undue influence on the trial or the sentencing. The North Carolina Juvenile Sentence Review Board is a recommendation of the Governor’s Task Force for Racial Equity in Criminal Justice which found that the group of people subject to EO 208 are disproportionately Black.
Qualifying individuals must have served at least 20 years of their sentence (or 15 years in cases of consecutive or “stacked” sentences) before petitioning for review. After the review, the Review Board will make recommendations for clemency or commutation where appropriate.
Sources: wcnc.com, nsjonline.com
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Deliberately Convicting the Innocent: Exonerations Expose the Criminal Justice System’s Callous Indifference Toward Official Misconduct, by Douglas Ankney
- Tenth Circuit: District Courts Have Authority to Decide What Constitutes ‘Extraordinary and Compelling Reasons’ for Compassionate Release After First Step Act, by Dale Chappell
- Texas Court of Criminal Appeals: Warrantless Arrest Designed to Elicit a Confession Constitutes Flagrant Misconduct Requiring Suppression of Confession, by Douglas Ankney
- Pennsylvania Supreme Court: Failure to Object to Improper Jury Instruction and Curative Instruction by Court Containing ‘Freudian Slip’ Constitutes IAC, by Anthony Accurso
- Federal Habeas Corpus: Discovery and Expanding the Record, by Dale Chappell
- Illinois Supreme Court Announces Person Seeking Certificate of Innocence Need Only Prove Innocence of Originally Prosecuted Theory of Offense, not Every Conceivable Theory, by Matthew Clarke
- An Ignoble Process How High-Pressure Tactics and Flawed Investigative Techniques Created a Miscarriage of Justice, by Casey Bastian
- Inflation Increases Likelihood of Felony Theft Charges, by David Reutter
- Report Shows Cellphone Searches Common, by Jayson Hawkins
- Iowa Supreme Court: Successful Adjustment to Sex Offender Registry Requirements Not a Reason to Deny Modification, by David Reutter
- California Court of Appeal: Defendant Cannot Be Convicted of Robbery and Kidnapping to Commit Robbery for Same Act, by Anthony Accurso
- Alaska Supreme Court: ‘Set Aside’ Conviction From 1997 Is Not ‘Conviction’ Triggering Lifetime ASORA Registration, by Anthony Accurso
- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, by Derek Gilna
- Eleventh Circuit: Timely Filed Amended Fla. R. Crim. P. 3.850 Motion Tolls AEDPA Clock, Rejects State’s Proposed 30-Day Limitations Period, by Dale Chappell
- Ninth Circuit Joins Five Other Circuits in Holding § 1B1.13 Doesn’t Apply to Compassionate Release Motions by Prisoners, by Dale Chappell
- Cancel Culture Nothing New to Those on Sex Offense Registries, by Sandy Rozek
- North Carolina Governor Announces Formation of Juvenile Sentence Review Board, by Douglas Ankney
- The Era of Punitive Excess The criminal justice system is marred by an overreliance on excessive punishment, by Bruce Western, Jeremy Travis
- Tenth Circuit: Warrantless Search of Truck Driver’s Home Not Justified Solely by Connection to Alien Smuggling, by Anthony Accurso
- Sixth Circuit: State Court Committed Constitutional Error in Applying Ohio Rules of Evidence 606(B) to Deny Right to Fair Trial, by Dale Chappell
- Direct Collateral Review Creates Path Around AEDPA Hurdles for State Prisoners Seeking Postconviction Relief, by Dale Chappell
- Maine Supreme Court: Counsel’s Introduction of Victim’s Video Interview with Police Was Not ‘Sound Trial Strategy,’ Constituted IAC, by Dale Chappell
- D.C. Circuit: Conflicted Counsel During Habeas Proceeding Requires Appointment of Conflict-Free Counsel, by David Reutter
- Mississippi Supreme Court Reverses Conviction due to Double Jeopardy Violation Because of Mistrial Without Manifest Necessity in Initial Trial, by Matthew Clarke
- Wyoming Supreme Court Abandons Alter Ego Rule in Relation to Defense-of-Another Claim, by Anthony Accurso
- California Court of Appeal: § 3051’s Exclusion of One Strike Offenders from Youthful Offender Parole Hearings Violates Equal Protection, by Douglas Ankney
- Seventh Circuit: Knowing and Intelligent Waiver of Miranda Rights Distinct and Separate Issue From Whether Statement Was Voluntary, by Douglas Ankney
- Fifth Circuit: U.S.S.G. § 1B1.13 Policy Statement Not Applicable to Prisoner’s Motion for Compassionate Release, by Douglas Ankney
- Illinois Supreme Court: Motion to Suppress Statements Granted Where Police Prolonged Traffic Stop to Investigate Offenses Unrelated to the Stop, by Douglas Ankney
- Baltimore and St. Louis ‘Shoot Down’ Spy Planes, by Douglas Ankney
- First Circuit: Government’s Mention of Co-Defendant’s Guilty Plea Before Jury Was Confrontation Clause Violation Warranting New Trial, by Anthony Accurso
- SCOTUS Reaffirms Habeas Court Must Consider Entire Record Before ‘Disturbing’ a State Criminal Judgment, by Dale Chappell
- West Virginia Supreme Court: Emergency Protective Order Not De Facto Search Warrant, by Douglas Ankney
- Report: U.S. Border Patrol Not Nearly as Nice as It Claims, by Edward Lyon
- Potentially Deadly War Gas Deployed Against Black Lives Matter Protesters, by Matthew Clarke
- Tenth Circuit Joins Other Circuits, Holds § 1B1.13 Does Not Apply to Compassionate Release Motions Filed by Prisoners, by Dale Chappell
- Kentucky Supreme Court: Blood Test Refusal Inadmissible as Evidence in DUI Case Even to Explain Why Prosecution Has No Scientific Evidence of Intoxication, by Matthew Clarke
- News in Brief
More from Douglas Ankney:
- California Court of Appeal Announces Crime Defendant ‘Was Convicted’ of, Not Crime ‘Could Have Been Convicted’ of Today, Governs Eligibility for Removal From Sex Offender Registry, Oct. 1, 2024
- Federal Judges Closing Loophole That Permits Government to Conduct Warrantless Searches of Cellphones at Border, Oct. 1, 2024
- Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken, Oct. 1, 2024
- New Research Method Leads to Better Touch DNA Recovery and Development of Genetic Profiles, Oct. 1, 2024
- First Circuit Affirms Qualified Immunity for Massachusetts Officials Who Held Prisoner in Solitary for Two Years Without Hearing, Sept. 15, 2024
- Former Warden Added to Suit Over Brutal Killing of Disabled Virginia Prisoner, Sept. 15, 2024
- Alabama Court of Criminal Appeals Grants Credit to Prisoner’s LWOP Sentence, Sept. 15, 2024
- Regional Jail in Kentucky Settles DOJ Complaint, Agrees to Provide Treatment for Opioid Use Disorder, Sept. 15, 2024
- Nevada Supreme Court Holds That Violating Jail Phone Policy Does Not Waive Attorney-Client Privilege, Sept. 15, 2024
- Former D.C. Guard Gets 42-Month Sentence for Assaulting Handcuffed Prisoner, Sept. 15, 2024
More from these topics:
- Florida Prisoner Whose Case Ended LWOP for Juveniles Released, Sept. 15, 2024. U.S. Sentencing Guidelines, Juvenile Offenses/Offenders, Sentences - Length/Severity of.
- Washington Parole Board Failed to Meaningfully Apply Presumption of Release for Prisoner Sentenced to LWOP as Juvenile, Sept. 15, 2024. Life without Parole (LWOP), Juvenile Offenses/Offenders, Probation, Parole & Supervised Release.
- Colorado Supreme Court Announces Parole Board Not Statutorily Required to Consider ‘Demonstrated Maturity and Rehabilitation’ When Deciding Whether to Release Sex Offenders Who Received Adult Sentences for Crimes Committed as Juveniles, June 15, 2024. Life without Parole (LWOP), Certification, Juvenile Offenses/Offenders, Cruel and Unusual Punishment, Release Decisions.
- Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences, May 15, 2024. Life without Parole (LWOP), Juveniles, Juvenile Offenses/Offenders.
- Lawsuit By California Youth Alliance Prompts County Probation Chiefs to Dissolve Secretive Nonprofit, April 26, 2024. Contractor Misconduct, DOC/BOP misconduct, Open Meetings, Public Records, Public Records Act, halfway houses, Juvenile Offenses/Offenders, Probation, Parole & Supervised Release.
- Michigan Supreme Court: Defendant’s Statements Involuntary and Inadmissible, Feb. 15, 2024. Juvenile Offenses/Offenders, Confessions and Statements of Defendant, Voluntary Nature/Voluntariness.
- New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors, Dec. 15, 2023. Parole, Three Strikes, Juvenile Offenses/Offenders, Sentences - Corrections or Modifications of.
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023. Parole, U.S. Sentencing Guidelines, Parole Conditions, Juvenile Offenses/Offenders.
- From the Sad but True Files: Police Oppose Laws Prohibiting Cops From Lying to Juveniles During Interrogations, Sept. 1, 2023. Police, False Statements/Perjury, Police Interrogations, Juvenile Offenses/Offenders.
- Texas Ships its Most Troubled Youth to Adult Prisons, June 27, 2023. Suicides, Failure to Protect (Juveniles), Juvenile Offenses/Offenders.