NC Criminal Law
Editor’s note: This post first appeared on the School of Government’s blog directed at civil law and procedure. It is cross-posted here because the content is also pertient for prosecutors, judges, and other actors in the criminal justice system.
Like every other state, North Carolina has a mandatory reporting law for child abuse and neglect. North Carolina’s law requires any person or institution with cause to suspect a child is abused, neglected, or...
The use of the conjunctive “and” in an indictment charging two theories by which offense may be committed does not require the state to prove both theories.
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
A judge must accept a plea arrangement that involves only charges and no sentence recommendation, as long as the judge determines the plea is the product of an informed choice of the defendant and there is a factual basis for the plea. See G.S. 15A-1023(c).
A judge may accept an Alford plea, in which a defendant pleads guilty but does not admit committing the offense and protests his or her innocence, if the record strongly supports the defendant’s guilt and the defendant intelligently concludes that it is in his or her interest to enter such a plea. The consent of the prosecutor is not required.
A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).