It’s election day, and the various national and state contests have potentially significant implications for criminal law. My rundown of the top races and issues is below, but please weigh in if you think I’m missing something major. Presidential election. Crime and punishment hasn’t been a major focus of the campaign. Some argue that Governor Romney’s emphasis on personal responsibility is suggestive of a more law-and-order approach, while others note that President Obama generally supports a larger federal role in the criminal justice system, including federal grants to support local law enforcement. Perhaps the most significant aspect of the election is that the next president is likely to appoint at least one, probably two, and perhaps more Supreme Court Justices, plus countless lower federal judges. Gubernatorial election. All the polls suggest that this race is a slam dunk for former Charlotte Mayor Pat McCrory. Crime isn’t among the issues discussed on his campaign website, and criminal justice hasn’t been a bone of contention in the campaign. However, having a Republican governor and a Republican legislature certainly raises the possibility of criminal law reforms. For one thing, it seems likely that the Racial Justice Act will come under further scrutiny. Anyone have any ideas about what else might be on the table? State supreme court election. Incumbent Justice Paul Newby faces challenger and court of appeals judge Sam “Jimmy” Ervin. Justice Newby was a long-time federal prosecutor, while Judge Ervin did some criminal defense work while in private practice. I don’t think [...]
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