NCJ Number
166572
Date Published
1995
Length
38 pages
Annotation
This manual describes the substance and application of the new North Carolina sentencing laws for misdemeanors, which apply to all misdemeanor offenses committed on or after December 1, 1995.
Abstract
Section I describes the steps required to apply the new sentencing laws. The first step is to determine the misdemeanor class; there are four classes distinguished by the length range of the sentence, which is in turn related to the determined severity of the offense to which the sentence applies. This step also involves determining whether or not the following aspects of an offense were present: conspiracy to commit a misdemeanor, attempt to commit a misdemeanor, and solicitation to commit a misdemeanor. Step two involves determining the prior conviction level. Topics discussed for this step include the definition of prior conviction, consideration of multiple prior convictions, proof of prior convictions, burden of proof, and suppression of prior record. The third step is to select the sentence length from the sentence range; the manual contains the sentence ranges on the Misdemeanor Punishment Chart. Remaining steps are to determine the sentence disposition, impose an active punishment, impose intermediate punishments, and impose community punishments. Section II describes additional probation provisions, followed by Section II, which provides example exercises, answers, and commentary. The appendix describes misdemeanor offense classifications under structured sentencing. Subject index