News Roundup

Published for NC Criminal Law on May 30, 2014.

The focus in Raleigh this week was mostly on the budget. The Senate released its initial proposal, which differs from the Governor’s. As the News and Observer discusses here, the Senate budget would move the SBI and the Crime Lab from the Attorney General’s control to the Governor’s. Proponents of the move note that the other statewide law enforcement agencies are part of the Department of Public Safety, while opponents argue that the SBI has greater independence under the Attorney General. Because the Attorney General appears likely to run for Governor, politics are involved as well. The House hasn’t weighed in yet and there is a long way to go before the budget is final. In other news: Juvenile age bill not moving. Recall from last week’s roundup that H 725, a bill that would raise the juvenile age for many misdemeanors, passed the House. At least so far, it’s not moving in the Senate. The bill tracking page shows that it hasn’t even had a first reading or been assigned to a committee. Impact of Hall. Earlier this week, I blogged about Hall v. Florida. That’s the United States Supreme Court case holding that, for purposes of determining a defendant’s eligibility for the death penalty, states can’t define intellectual disability (formerly mental retardation) as requiring an IQ score of 70 or below. The ruling was based on the measurement error inherent in IQ tests and the more flexible definition of intellectual disability that now prevails in the medical community. In [...]