This Survey provides a guide to defense attorneys who must deal with the statutory aggravating and mitigating factors set out in the Fair Sentencing Act. The Survey reviews the major cases handed down by the North Carolina Supreme Court since the Act was passed. It then concentrates on all cases from the appellate courts from August 1981 through August 1986, with a view to analyzing each aggravating and mitigating factor. The Survey seeks to show what factors are most likely to result in a remand for resentencing on appeal, and what elements each factor should contain for a successful appeal.
Valerie B. Spalding, Using the Fair Sentencing Act to Protect the Criminal Defendant, 9 Campbell L. Rev. 127 (1986).