Criminal Sentencing in N.C.. Structured Sentencing In 2011, N.C. passed the Structured Sentencing law to organize the punishment of criminals. – Sentencing.

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Presentation transcript:

Criminal Sentencing in N.C.

Structured Sentencing In 2011, N.C. passed the Structured Sentencing law to organize the punishment of criminals. – Sentencing based on the severity of the crime and prior convictions – Felons must serve 100% of minimum sentence (no parole)

3 Types of Punishment Active: Time in Prison or Jail – Sentences more than 90 days are assigned to prison, less will serve in local jails

3 Types of Punishment Intermediate: – Split Sentence: Jail Time followed by Probation – House Arrest – Intensive Supervision – Residential Center – Day Reporting Center – Drug Treatment Court

3 Types of Punishment Community: Typical Probation, community service, restitution(payment) and/or substance abuse treatment

Aggravating v. Mitigating Circumstances The punishment of a criminal can be increased or decreased based on the following: – Aggravating: Particularly gruesome murder, involving children etc. – Mitigating: Prior abuse by victim, young age etc.

Prior Convictions Points assigned for crime: A Felony=10 points B1 Felony=9 points B2,C,D Felony=6 points E,F,G Felony= 4 points H,I Felony=2 points Misdemeanor=1 point

Issue the Sentence! Lexi has no prior offenses and is convicted of First Degree Murder. What is her minimum sentence?

Issue the Sentence! Beze has a prior conviction of assault to kill with a deadly weapon (with intent to kill and cause serious injury) Class C and is convicted of felony vandalism Class H. What is his maximum sentence?

Issue the Sentence Kyle is convicted of soliciting Darby for (1 st Degree) kidnapping. He has a prior conviction for extortion. Can he be sentenced to house arrest? (If so, how long?) Explain why.