I am happy to share a new resource with you: Delinquency Law: Original Juvenile Jurisdiction and Juvenile Jurisdiction over Parents, Guardians, and Custodians. This new Juvenile Law Bulletin (1) describes the current law of original juvenile jurisdiction; (2) provides a guide to the law of original juvenile jurisdiction based on offense dates between 2019 and 2024; and (3) describes juvenile jurisdiction over...
NC Criminal Law
Language in an indictment or other criminal pleading that is unnecessary (“surplusage”) does not prohibit the state from proving theories or facts of the charged crime that are different from those alleged in the indictment.
If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.
Unlike “character,” which refers to a person’s general disposition or personality trait, a “habit” is a person’s regular response to a repeated, specific situation. Evidence of a person’s habit may be introduced to show that the person’s conduct was in conformity with that habit on a particular occasion. G.S. 8C-406.
An information is an accusation drafted by the prosecutor and filed in superior court, charging one or more criminal offenses. An information may be filed only if the defendant waives indictment.
- ‹ Previous
- 3 of 12
- Next ›