NORTH CAROLINA LAW REVIEW Volume 17 | Number 3 Article 1 4-1-1939 Punishment for Crime in North Carolina Albert Coates Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Albert Coates, Punishment for Crime in North Carolina, 17 N.C. L. Rev. 205 (1939). Available at: http://scholarship.law.unc.edu/nclr/vol17/iss3/1 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact
[email protected]. PUNISHMENT FOR CRIME IN NORTH CAROLINA ALBERT CoATEs* When Charles II in 1663 gave the province of Carolina to eight of his favorite friends, he gave them power to execute the laws "upon all people within the said province ... by imposition of penalties, im- prisonment, or any other punishment; yea, if it shall be needful, and the quality of the offence requires it, by taking away member and life, either by them [the Lords Proprietors] or their deputies, lieutenants, judges, justices, magistrates or officers whatsoever." He went further and gave them the added power "to remit, release, pardon and abolish (whether before judgment or after) all crimes and offences whatsoever, against the said laws."' Beginning with this grant of power, this article undertakes to outline North Carolina's penal policy from colonial be- ginnings to the present day, as it is recorded in constitutional provisions, legislative enactments, judicial decisions, and departmental rulings.