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  Alaska Criminal Code Revision — Tentative Draft, Part 3: Offenses against Property

  Alaska Criminal Code Revision Subcommission

  The Alaska Criminal Code Revision Commission was established in 1975, and reestablished in June 1976 as a Subcommission of the newly formed Code Commission, with the responsibility to present a comprehensive revision of Alaska’s criminal code for consideration by the Alaska State Legislature. Tentative Draft, Part 3, is composed of five articles contained in the Offenses Against Property chapter of the draft Revised Criminal Code: theft and related offenses; burglary and criminal trespass; arson, criminal mischief, and related offenses (part 1); forgery and related offenses; and general provisions. Commentary following each article is designed to aid the reader in analyzing the effect of the draft Revised Code on existing law and also provides a section-by-section analysis of each provision of the draft Revised Code. Appendices include derivations of each provision of the Code; existing law that the Code will revise; and an index to commentary.

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  Alaska Criminal Code Revision — Tentative Draft, Part 4: Conspiracy; Criminal Mischief; Business and Commercial Offenses; Escape and Related Offenses; Offenses Relating to Judicial and Other Proceedings; Obstruction of Public Administration; Prostitution; Gambling

  Alaska Criminal Code Revision Subcommission

  The Alaska Criminal Code Revision Commission was established in 1975, and reestablished in June 1976 as a Subcommission of the newly formed Code Commission, with the responsibility to present a comprehensive revision of Alaska’s criminal code for consideration by the Alaska State Legislature. Tentative Draft, Part 4, is composed of nine articles of the Revised Criminal Code: attempt and related offenses (part 2); arson, criminal mischief, and related offenses (part 2); business and commercial offenses; escape and related offenses; offenses relating to judicial and other proceedings; obstruction of public administration; general provisions; prostitution and related offenses; and gambling offenses. Commentary following each article is designed to aid the reader in analyzing the effect of the draft Revised Code on existing law and also provides a section-by-section analysis of each provision of the draft Revised Code. Appendices include derivations of each provision of the Code and amendments to the gambling provisions of Title 5 of the Alaska Statutes.

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  A Study of the North Slope Department of Public Safety: A Technical Assistance Report (Draft)

  John E. Angell

  The North Slope Borough Department of Public Safety (NSBDPS) was created effective July 1, 1976, with the City of Barrow and other villages in North Slope Borough transferring their police authority and jail services to the borough. While making progress toward improving public safety in the North Slope Borough over the succeeding year, NSBDPS in September 1977 sought technical assistance from the Alaska Criminal Justice Planning Agency (CJPA) in the areas of organization and management. This report, prepared under contract with CJPA, presents a background history, findings, and recommendations on goals and objective, organizational structure, and the personnel and career system for NSBDPS.

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  Goals into Action: An Evaluation Report on the Third Bush Justice Conference

  John E. Havelock

  This evaluation reports on the Third Bush Justice Conference, held in Kenai, Alaska on November 8–12, 1976. Prior bush justice conferences were held at Alyeska (1970) and Minto (1974). The report outlines themes addressed in all the bush justice conferences, focuses on ways in which bush justice conferences can improve the administration of justice in rural Alaska, and recommends ways in which state justice agencies and Alaska Native representatives can work together proactively to respond to specific problems identified at conferences.

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  Report on the Clerkship Program

  John E. Havelock

  There is no law school in Alaska. In 1976, the Alaska legislature adopted Chapter 181, SLA 1976 which proyides that an eligible person who completes one year of law school and subsequently successfully pursues a three year course of law study in a clerkship program may be admitted to the practice of law upon taking and passing the bar examination administered by the Alaska Bar Association. The Act placed upon the Alaska Supreme Court the responsibility for administering the clerkship program and prescribing the course of law study. The Alaska Supreme Court contracted with the Criminal Justice Center to design a law clerkship program, including a system for registering law clerks and supervising attorneys, a basic curriculum, and other elements of the program. The report proposes guidelines for sound administration of an educational program conducted outside direct academic supervision, discusses budget issues, and proposes a new bill to amend the statute as first passed.

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  The Use of Citations in Lieu of Arrest in Misdemeanor Citations

  Peter Smith Ring

  Since 1973, law enforcement officials in Alaska had statutory authority under Alaska Statutes 12.25.180 et. seq. to issue citations in lieu of physical arrest and booking in misdemeanor cases, and by August 1975, Juneau Police Department began to use citations in lieu of misdemeanor arrests. This report summarizes the work of a Uniform Citation Task Force, comprising representatives of the Alaska Court System, Alaska State Troopers, Anchorage District Attorney's Office, and the Anchorage Police Department, with the Criminal Justice Center at University of Alaska providing coordination and conducting research to develop guidelines for implementation of a uniform citation program within interested Alaska criminal justice agencies. A.S. 12.25.180 et. seq. and practices of the Juneau Police Department, New York City, and the State of California were used as jumping-off points in the Task Force's deliberations on (1) the place where citations could be issued, (2) the criteria that law enforcement officers should consider in reaching a decision whether or not to issue a citation in lieu of physical arrest and booking, and (3) the form of the citation to be used. Suggested policies, suggested training format, and agency recommendations for which misdemeanor offenses citations may be issued are also provided.

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  Sentencing Issues: A Summary

  Peter Smith Ring, Robert C. Erwin, and Jerold Israel

  This document contains three summaries prepared as an introduction for members of the Alaska Legislature to criminal sentencing issues: (1) A paper on presumptive sentencing reviews the study "Fair and Certain Punishment: Report of the Twentieth Century Fund Task Force on Criminal Sentencing" (McGraw-Hill, 1976), and presents a guide for legislative action prior to the enactment of a presumptive sentencing system. (2) A report on sentencing standards in Alaska presents excerpts from Alaska Supreme Court Justice Robert C. Erwin's article "Five Years of Sentence Review in Alaska" (5 U.C.L.A. Law Review 1 (1975)). (3) A final paper, "An Introduction to Basic Sentencing Issues" – an edited version of a memorandum by Jerold Israel of University of Michigan Law School, discusses a series of proposals that acknowledged experts have advanced concerning the reform of the laws governing sentencing.

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  Alaska Criminal Code Revision: Preliminary Report

  Alaska Criminal Code Revision Commission

  The Alaska Criminal Code Revision Commission was established in 1975 with the responsibility to present a comprehensive revision of Alaska’s criminal code for consideration by the Alaska State Legislature. This preliminary report consider the need for a revised criminal code in Alaska and presents proposed drafts, with commentary, of statutes on property-related crimes, general criminal code provisions, and sentencing. A specific recommendation is made to continue the Criminal Code Revision Commission or reconstitute it through formal legislative action in order to provide sufficient time for the complex work needed to revise the criminal code.

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  Law Related Education Project: Final Report

  Richard Balnave

  This report describes a cooperative project beween Anchorage School District (ASD) and the Criminal Justice Center at University of Alaska, Anchorage, to develop a law-related curriculum for 5th, 6th, 7th, and 8th-grade classrooms. The pilot program was implemented in March through June 1976 in 20 ASD classrooms with approximately 800 children. The curriculum used was the "Law in Action" series by Linda Riekes and Sally Mahe Ackerly (West Publishing Company, 1975), using the units on "Lawmaking" (5th grade), "Youth Attitudes and the Police" (6th grade), "Courts and Trials" (7th grade), and "Juvenile Problems and the Law" (8th grade). Feedback from the pilot program led to the writing of supplementary teacher's manuals for each of the four units, reflecting improvements to the original lessons, supplementary classroom activities, supplementary media, and inclusion of Alaska-specific content such as Alaska laws and community resources. Complete "classroom kits" were deposited in ASD's Instructional Materials Center for continued use by ASD teachers interested in providing legal and justice education to their students.

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  An Examination of Specialized Training Grants Funded by the Alaska Criminal Justice Planning Agency 1973 through 1975

  Roger V. Endell

  Prior to the establishment of the Criminal Justice Center at the University of Alaska, no program has attempted to train and educate Alaska justice practitioners on a continuing basis and at all agency levels. The Alaska Criminal Justice Planning Agency, through the Governor's Commission on the Administration of Justice, has attempted to deal with this training problem on an interim basement through the Specialized Training Grant program, which enables "state and local police officers, correctional officers, prosecutors, public defenders, and court personnel [to obtain] specialized training sponsored by other agencies and institutions," often involving travel out-of-state for programs largely unavailable in Alaska. This study examines individualized grants funded for the years 1973–1975 as a means of measuring the effectiveness of the Specialized Training Grant program as on approach to the continuing professionalization of Alaska's criminal justice personnel.

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  Human Resources, Training and Education: A Survey of Alaska Criminal Justice Agencies

  Peter Smith Ring

  This report presents results of a survey of Alaska criminal justice agencies. The survey was designed to provide baseline data on the educational levels of criminal justice personnel and existing training programs in Alaska; and to elicit from criminal justice agencies their views on subject areas — both in higher education programs and in continuing professional development programs — which those agencies believed deserved attention. A total of 47 agencies, offices, institutions within agencies, and individuals responded to the survey, out of a total of 78 to whom surveys were sent. Respondents represented the law enforcement agencies, the Alaska Court System, the Alaska Department of Law, the Alaska Public Defender, and correctional agencies including probation/parole.

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  Potential Impact of Mandatory Minimum Sentencing on Existing Division of Corrections Adult Offender Inmate Capacity

  Peter Smith Ring

  This report was prepared for the Alaska Criminal Code Revision Commission to provide its members with an assessment of the potential impact on the Alaska Division (later Department) of Corrections adult offender inmate capacity likely to result from enactment of mandatory minimum sentencing provisions. The study projected that DOC would need at least 200 more secure units by 1981 if mandatory minimum sentencing was applied to second or subsequent felony offenders for a limited number of felony violent crimes. Application of mandatory minimums for such offenders to ALL felonies would likely result in DOC's entire capacity being used up within three years after enactment of minimum sentencing guidelines.

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  Legal Education for a Frontier Society: A Survey of Alaskan Needs and Opportunities in Education, Research and the Delivery of Legal Services

  John E. Havelock

  Alaska is the only state of the United States that does not have a law school. This 1975 study, commissioned by the Alaska Legislative Council and the University of Alaska, is the first comprehensive investigation of the demand for legal and law-related services in Alaska and how that demand can best be met, including an examination of the feasibility of establishing a law school in the state. The study describes contemporary methods of delivering legal services in the state, with particular focus on the needs of rural and middle income Alaskans, and evaluates their cost and efficiency. It evaluates the present supply of lawyers and law-trained people in Alaska with reference to national trends in legal education, the migration to and admission of attorneys in Alaska, and the unique circumstances of Alaska law practice. It analyzes the need and demand for legal education in the state, and incorporates principal results of surveys of the general public and of Anchorage-area attorneys. The study concludes that there is no need to increase the supply of lawyers in Alaska by establishment of a law school and that many objectives which might be reached by a law school can also be reached by building on existing arrangements and models and development of other options for legal practice in Alaska such as paralegal training, particularly in rural areas of the state.

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  The Future of the Village Corporation

  John E. Havelock

  There is an undercurrent of opinion in Alaska Native Claims Settlement Act (ANCSA) administration that the village corporation structure established under the Act is an anachronism, unsuitable to the needs of modern corporate enterprise and accordingly Alaska Native purposes. This line of criticism suggests that the regional corporate structure, also established under the Settlement Act, is sufficient to the needs of the Alaska Native people. Organizational issues in the Settlement Act are both politically and emotionally sensitive. As a result, discussion of this point of view has been muted. It is nonetheless important. The purpose of this paper is to search out the purposes of village corporation existence as a foundation to change or for a better understanding of the roles that are played by them. The Act serves as a written constitution for the Alaska Native people. It must be interpreted broadly to accomplish these fundamental purposes of the people and not as an instrument of a particular economic theory – which is, at least in part, alien to its heritage.

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  Staff Paper on Village Councils

  Hippler E. N/A and Stephen Conn

  This excerpt from the forthcoming UCLA-Alaska Law Review article "The Village Council and Its Offspring: A Reform for Bush Justice" describes techniques used historically by Alaska Native village councils to resolve disputes. All of these techniques were observed in 1975 in villages where councils still aid in dispute adjustment.

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  Notes on Representation of Native Clients

  Conn N/A and Arthur E. Hippler

  Native people, whether influenced by traditional approaches to dispute resolution or by their pragmatic experience with local courts and dispute resolution or by their pragmatic experience with local courts and law enforcement, do not see justice as being done within the forum offered by the state. In search of an authoritative locale for rational dispute resolution, they find arbitrary and apparently irrational treatment in magistrate courts. Conversely, they have found in conciliation before the village council a forum where misconduct is measured against the world that the defendant immediately affects. They find a comprehensible forum in the village to solve their problems or no forum at all. Can participation in a functioning advocacy and adversary system be taught and utilized along with continued functioning of a sub-legal conciliatory system that handles de minimus matters effectively? This paper offers guidance to public defenders and legal services attorneys in representing Alaska Native clients.