NACDL - Packingham v. North Carolina

Packingham v. North Carolina

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.

Brief filed: 12/22/2016

Documents

Packingham v. North Carolina

United States Supreme Court; Case No. 15-1194

Prior Decision

Decision below 368 N.C. 380 (N.C. Nov. 6, 2015).

Argument

The sentencing process already serves the objectives underlying many collateral consequence laws. Unlike the sentencing process, many collateral consequence laws impose restrictions absent any consideration of the specific offense or the individual convicted of it. Many collateral consequence laws create strict liability offenses, which pass constitutional muster only if they are carefully drawn to advance public safety objectives.

Author(s)

Jonathan D. Hacker, Deanna M. Rice, and Kimya Saied, O'Melveny & Myers LLP, Washington, DC; Jeffrey T. Green, Washington, DC.