Alaska Criminal Code Revision — Tentative Draft, Part 1: Offenses against the Person
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Alaska Statutesassault
criminal code revision
criminal justice reform
criminal law
homicide
kidnapping
law
legislation
sexual assault
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JC 7714.01Abstract
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 1 is comprised of four articles contained in the Offenses Against the Person chapter of the draft Revised Criminal Code: criminal homicide, assault and related offenses, kidnapping and related offenses; and sexual 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 general definitions of terms used throughout the Code, including definitions of the four culpable mental states; derivations of each provision of the Code; existing law that the Code will revise; status of criminal code revision in other U.S. states; and an index to commentary.Description
As of 1975, Alaska’s criminal laws were based primarily on Oregon criminal statutes as they existed at the close of the nineteenth century, with new statutes added and old statutes amended over the succeeding 75 years by Alaska territorial and state legislatures in a piecemeal approach to revision. This resulted in a criminal code containing outdated statutes, obsolete terminology, a number of overly specific statutes, a haphazard approach to mens rea (the culpable mental state with which a defendant must perform an act in order to be convicted of a crime) and the lack of a coherent, rational sentencing structure. 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. (The Commission was reestablished in June 1976 as a Subcommission of the newly formed Code Commission.) Staff services for the Criminal Code Revision Commission and Criminal Code Revision Subcommission were provided by the Criminal Justice Center at University of Alaska, Anchorage (John Havelock, project executive director; Barry Jeffrey Stern, reporter/staff counsel; Sheila Gallagher, Reporter/Staff Counsel; and Peter Smith Ring, research director). The tentative draft proposed by the Criminal Code Revision Subcommission was substantially amended by the Alaska State Legislature prior to its approval as the Revised Alaska Criminal Code in June 1978 (effective January 1, 1980).Table of Contents
Preface: Organization of the Criminal Code Revision Subcommission // INTRODUCTION / I. Outline of Alaska Revised Criminal Code / II. Why A Revised Criminal Code / III. Introduction to Tentative Draft, Part 1 // TENTATIVE DRAFTS AND COMMENTARY / I. Homicide and Related Offenses / 2. Assault and Related Offenses / 3. Kidnapping and Related Offenses / 4. Sexual Offenses // APPENDICES / I. General Definitions / II. Derivations of Tentative Drafts / III. Existing Law / IV. Status of Criminal Code Revision in Other States / V. Index to Commentary on Tentative DraftDate
1977-02Publisher
Alaska Criminal Code Revision SubcommissionType
ReportCitation
Alaska Criminal Code Revision Subcommission. (1977). Alaska Criminal Code Revision — Tentative Draft, Part 1: Offenses against the Person. Anchorage, AK: Alaska Criminal Code Revision Subcommission.Collections
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Alaska Justice Forum ; Vol. 1, No. 8 (December 1977)The December 1977 issue of the Alaska Justice Forum profiles the first Criminal Justice Center student to graduate with a Bachelor of Arts in Justice. Other articles describe the provisions of the proposed Revised Alaska Criminal Code involving robbery, armed robbery, and accomplice liability; and examines how government systems can be designed to reduce opportunity for public misconduct. Also included are a digest of recent Alaska Supreme Court opinions, the Spring 1978 semester schedule of Justice B.A. courses at University of Alaska campuses in Anchorage and Fairbanks, and a justice training calendar.
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Alaska Justice Forum ; Vol. 1, No. 7 (November 1977)A $183,000 LEAA grant will enable the Alaska Division of Corrections to develop a correctional master plan for improving the statewide correctional system; and the staff counsel of the Alaska Criminal Code Revision Subcommission describes the circumstances in which the use of force, or threat to use force, is justifiable and not a criminal offense under the proposed Revised Alaska Criminal Code. Other articles in the November 1977 issue of the Alaska Justice Forum examines the North Slope Borough Department of Public Safety's initiation in January 1977 of apprehension and short-term detention of intoxicated persons; and highlights the Alaska Supreme Court's concern with the effect of mounting caseloads. Also included are a digest of recent Alaska Supreme Court opinions, announcements of upcoming conferences and seminars, and a justice training calendar.
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Alaska Justice Forum ; Vol. 2, No. 6 (July 1978)In the July 1978 issue of the Alaska Justice Forum, the staff counsel of the Alaska Criminal Code Revision Subcommission describes the major provisions of the Revised Alaska Criminal Code as approved by the Alaska Legislature in June 1978, and highlights changes from the draft revised code proposed by the subcommission. The Anchorage Pretrial Intervention Project, which became operational in early 1978, is described. An offender reentry program of the Alaska Division of Corrections to help ex-offenders adjust to life after prison is described. The concluding installment of a six-part series on the law of confessions discusses the use of evidence obtained from defendants which is inadmissible under Miranda guidelines or for other reasons related to violation of defendants' Fifth or Sixth Amendment rights. Additional articles discuss a national survey indicating the need for sex offender treatment programs and a report on more efficient police patrol procedures. Also included are digests of recent Alaska Supreme Court opinions and points brought up in criminal appeals cases, announcements of upcoming courses and seminars, and a justice training calendar.
