• The Aborigine in Comparative Law: Subnational Report on Alaska Natives

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1986-08)
      This paper describes the current state of aboriginal rights in Alaska and the impact of federal and state laws and policies on Alaska Native political and legal rights, tribal status, self-determination, and access to tribal lands. Topics covered include the legal determination of Alaska Native identity, the legal status of Alaska Native groups, Alaska Native land rights, sovereignty and self-government, subsistence, recognition of family and kinship structures, the criminal justice system in rural Alaska, customary versus formal legal process, and human rights and equality before the law.
    • Alaska as a Case Study of OJJDP-Mandated Jail Monitoring

      Schafer, N. E.; Read, Emily E. (Justice Center, University of Alaska Anchorage, 1990-10-03)
      The Office of Juvenile Justice and Delinquency prevention has mandated that all states monitor jail records for the presence of juveniles and inspect jails and lock-ups in which juveniles might be detained for sight and sound separation. The experience of Alaska in complying with this mandate is instructive. In the largest state in the union 99 facilities in a monitoring universe of 111 (89.1 %) are accessible only by air or water. Alaska's jail monitoring plan accommodated this inaccessibility. The plan and 1989 monitoring activities are explained and discussed. As the largest state in the Union Alaska has had some unique problems complying with the mandate of the Juvenile Justice and Delinquency Act to monitor secure facilities for the presence of juveniles. In spite of these problems Alaska has produced a model monitoring plan and has successfully completed three years of compliance monitoring activities. The monitoring process and the problems associated with monitoring activities are useful for other states to consider as they review their monitoring plans.
    • Alaskan Bush Justice: Legal Centralism Confronts Social Science Research and Village Alaska [1982 revision]

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1982-09)
      This paper traces the history of the bush justice system in rural Alaska, describes the relationship between traditional Alaska Native dispute resolution mechanisms and the state criminal justice system, and analyzes bush justice research between 1970 and 1981 and its effects on state agency policies and changes in the rural justice system. Innovations by researchers were well-received by villagers and field-level professionals, but not by agency policymakers. Hence, most reforms made in the 1970s had vanished by the early 1980s. The author concludes that further reforms will be ineffective unless Alaska Natives are drawn into the decisionmaking process as co-equal players negotiating on legal process from positions of power.
    • Alaskan Bush Justice: Legal Centralism Confronts Social Science Research and Village Alaska [original paper]

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1981-09)
      This paper traces the history of the bush justice system in rural Alaska, describes the relationship between traditional Alaska Native dispute resolution mechanisms and the state criminal justice system, and analyzes bush justice research between 1970 and 1981 and its effects on state agency policies and changes in the rural justice system. Innovations by researchers were well-received by villagers and field-level professionals, but not by agency policymakers. Hence, most reforms made in the 1970s had vanished by the early 1980s. The author concludes that further reforms will be ineffective unless Alaska Natives are drawn into the decisionmaking process as co-equal players negotiating on legal process from positions of power.
    • An Analysis of Outpatient Accident Trends in Two Dry Eskimo Towns as a Measure of Alternative Police Responses to Drunken Behavior

      Conn, Stephen; Boedeker, Bonnie (Justice Center, University of Alaska Anchorage, 1983-03-24)
      Two rural Eskimo towns of approximately 3,000 persons each have banned the sale but not the use of alcoholic beverages in their communities. In the town of Bethel, police pick up intoxicated persons and transport them to a sleep-off and treatment center. In the town of Barrow, police take intoxicated persons into protective custody. Each town uses its police practice as an alternative to arrests for drunken behavior, decriminalized by the 1972 Alaska State Legislature. At least half of the adult population is picked up in each place. The authors seek to measure the impact of these differing approaches on violence related to alcohol use by employing Indian Health Service data in lieu of poorly maintained police data.
    • Avoidance of the Federal Acknowledgment Process: Two Hundred New Petitioners Waiting at the Door

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1988-11)
      Two hundred plus Native villages in Alaska may join the legion of Indian groups in the long line before the gates of the federal acknowledgment process established by Congress to alleviate and rationalize selection of those groups deserving of acknowledgment as Indian tribes. Such a possibility might well seem absurd to those who have studied the pre-contact or modern lifestyle of Alaska Indians, Inuit, Yup'ik and Aleut. Their significant commitment to subsistence, their political autonomy in pursuit of a modern Native land claims settlement, and their continuing residence in rural and traditional settings has long been a matter of both academic and political record. Yet for all of this, recent court opinions by the Alaska Supreme Court and the Ninth Circuit Court of Appeals, as well as a flurry of federal district court decisions, have questioned whether Alaska Native villages were and are historical tribes and whether Congress had recognized them. The State of Alaska has taken a uniformly hostile position to the proposition that Alaska Native Villages are self-governing tribal entities. The author explores the historical reasons leading to this situation and calls for the legal and historical research critical to the survival of the legal identities of tribal communities and their land base.
    • Bush Justice and Development in Alaska: Why Legal Process in Village Alaska Has Not Kept up with Changing Social Needs [original paper]

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1984-02-22)
      This paper analyzes the evolution of the working legal process in the predominantly Alaska Native villages of rural Alaska after Alaska statehood. Replacement of territorial government by highly centralized state justice agencies led to a weakening in the working relationship between formal law and extralegal mechanisms such as the village council. This change coincided with development and other changes which demanded more formal legal presence in villages rather than less. The paper reviews the fate of various bush justice reform efforts made by state agencies and efforts by villages to respond to justice needs. The author suggests that the inadequacy of legal process in village Alaska is not due primarily to language problems or Native confusion about Western law; rather, the "bush justice problem" is caused by a lack of resources, a lack of legal planning for development, and the state governmental system's lack of accountability to its rural constituency. The author recommends experimentation at village level, better planning, and greater autonomy for villages.
    • Bush Justice and Development in Alaska: Why Legal Process in Village Alaska Has Not Kept up with Changing Social Needs [revision]

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1984-06-28)
      This paper analyzes the evolution of the working legal process in the predominantly Alaska Native villages of rural Alaska after Alaska statehood. Replacement of territorial government by highly centralized state justice agencies led to a weakening in the working relationship between formal law and extralegal mechanisms such as the village council. This change coincided with development and other changes which demanded more formal legal presence in villages rather than less. The paper reviews the fate of various bush justice reform efforts made by state agencies and efforts by villages to respond to justice needs. The author suggests that the inadequacy of legal process in village Alaska is not due primarily to language problems or Native confusion about Western law; rather, the "bush justice problem" is caused by a lack of legal planning for development, the state governmental system's lack of accountability to its rural constituency, and a lack of control by villages over the mixture of formal law, extralegal authority and nonlegal social control appropriate to their needs, both present and future.
    • Career Mobility in Criminal Justice: An Exploratory Study of Alaskan Police and Corrections Executives

      Angell, John E. (Criminal Justice Center, University of Alaska Anchorage, 1978-03-08)
      This paper provides exploratory research into the career patterns of Alaska police and correctional executives in order to assess career mobility patterns and the variables which may have had a significant influence on success. Basic data for the paper is from biographical descriptions of 78 people who have served during the past ten years in top executive positions of Alaska's police and correctional agencies, including the commissioner of the Alaska Department of Public Safety, police chiefs of the 25 largest municipal police agencies in Alaska, superintendents of Alaska correctional institutions, and directors and assistant directors within the Alaska Division of Corrections.
    • Centralization to Consolidation: Some Historical Antecedents of Unified Correctional Systems

      Schafer, N. E. (Justice Center, University of Alaska Anchorage, 1995-10)
      Autonomous prisons in the nineteenth century were often inefficient and highly political. Many state legislatures and governors attempted to move toward centralized control of their state facilities. In the twentieth century the Federal Bureau of Prisons was seen by the Wickersham Commission as a model for institutional centralization. Consolidation of all correctional services was recommended by the National Advisory Commission in 1973. Today only a few states – Alaska, Delaware, Rhode Island, and Vermont – have fully unified adult correctional systems; each is described.
    • A Comparison by Race of Juvenile Referrals in Alaska

      Schafer, N. E. (Justice Center, University of Alaska Anchorage, 1998-03)
      A data set comprised of all juveniles referred to Alaska youth corrections in the fiscal years 1992–1996 shows disproportionate referral of Alaska Native and African American youth when compared to their proportions in the general population. Minorities also appear more likely than white youth to accumulate multiple referrals. Random samples selected within each racial group are used to seek extra-legal factors which may account for some of the disparity. Information on family and home life, school, personal problems, and the details of each referrals and each referral outcome were extrapolated from the files of the sample which included 39 white youth, 35 Alaska Native youth, and 37 African American youth. Special attention was paid to youth who accumulated multiple referrals.
    • Converging Science and Practice in Analyzing Evaluation Data

      Johnson, Knowlton W. (Justice Center, University of Alaska Anchorage, 1983-03)
      A strategy is presented for converging science and practice which focuses on the needs of scientists and policymakers in analyzing evaluation data. Emphasis is placed on employing powerful statistical techniques that maximize the evaluators' confidence in their results. Attention is also drawn to the need for producing results which can be easily communicated to and interpreted by policymakers. In regard to these requirements, the discussion concerns application of four statistical techniques: factor analysis, Guttman scalogram analysis, multiple classification analysis and cross-break analysis. Each statistical analysis technique is described as to its value in evaluation research for dealing with problems known to inhibit the convergence of science and practice. The application of these techniques is demonstrated by illustrations taken from previous evaluation studies. The paper concludes with implications for stimulating the extent and quality of evaluation use.
    • Crime and the Justice System in Rural Alaskan Villages

      Angell, John E. (Criminal Justice Center, University of Alaska Anchorage, 1979-03-15)
      Approximately 20 percent of Alaska's population live in small remote Native villages. Very little factual data regarding contemporary criminal justice operations has been compiled. For example, comprehensive data concerning present crime rates, policing methods, and local deviancy control mechanisms in rural Alaska simply do not exist. The research underlying this paper was an exploratory effort to begin the collection of crime and justice information which can be used in criminal justice policy development in rural areas of the state by the State of Alaska.
    • Crisis Intervention: The Challenge of Stress

      Angell, John E. (Justice Center, University of Alaska Anchorage, 1980-10)
      Most people agree that the stress connected with police work affects the way police officers relate to the people they contact and serve. While many assume the primary source of stress on police officers lies in factors related to police job activities, the author argues that the primary factors creating stress for police officers are related to traditional police organizational and management philosophy and related practices.
    • Developing Prosecutorial Charging Guidelines: A Case Study

      Ring, Peter Smith (Criminal Justice Center, University of Alaska Anchorage, 1979-03-14)
      In July 1975, Alaska's attorney general announced his intention to end plea bargaining by assistant attorneys in all criminal cases involving violations of Alaska criminal law. While the major thrust of this policy change was intended to halt negotiations over sentencing, the policy also dealt — albeit less intensely — with charge bargaining. This paper describes efforts ot the Alaska Department of Law's Criminal Division to enhance the effectiveness of plea bargaining policy through the development of uniform, statewide charging guidelines, including the development of Project PROSECUTOR (PROSecutor Enhanced Charging Using Tested Options and Research), and presents preliminary findings from the project's prosecutorial screening intake component.
    • Directions for Change in Police Organizations

      Angell, John E. (Criminal Justice Center, University of Alaska Anchorage, 1976-04)
      Three situations serve to hamper police effectiveness under traditional police organizational arrangements First, police operations are based on an assumption that police are primarily in the "criminal apprehension" business. This concept of the police role serves to constrain many police activities that offer potential for satisfying client needs and contributing to crime prevention. Second, police managers rely almost exclusively on the tenets of Bureaucratic Theory, as promulgated by Max Weber (1947), for arranging and managing police organizations. This reliance contributes to problems in the police and community relationship, coordination and direction of police operations, and (3) motivation of police employees. Third, police agencies are basically organized as self-contained operations which are automous from other units of government. This independence reduces the potential for optimum utilization of police services. This paper elaborates on these three situations and their implications, and makes proposals about the directions that the author believes police organizational changes should take.
    • Discretion, Due Process, and the Prison Discipline Committee

      Schafer, N. E. (Justice Center, University of Alaska Anchorage, 1985-04)
      Prison discipline received considerable attention from both the courts and professional organizations during the decade of the 1970s. It was widely assumed that the due process requirements which resulted from judicial review coupled with the promulgation of model discipline standards and procedures would limit the broad discretionary authority found in the traditional prison disciplinary process. A case study of the activities of one prison discipline committee suggests that these external pressures have had less impact on decision-making than such internal pressures as overcrowding. Due process requirements have not greatly inhibited the exercise of discretion in the prison discipline process.
    • Disproportionate Detention of Minorities: A Case Study of One State's Compliance with the Mandates of the Juvenile Justice and Delinquency Prevention Act

      Schafer, N. E.; Curtis, Richard W. (Justice Center, University of Alaska Anchorage, 1996-03)
      Pursuant to Section 223(a)(23) of the Juvenile Justice and Delinquency Prevention Act, states must examine whether minority youth are disproportionately detained in relation to their proportion in the general population. For a preliminary assessment of Alaska’s compliance, five and a half years of detention data (1990–June 1995) for the state of Alaska are analyzed to assess the detention of minority and non-minority youth. A number of factors are used to compare racial groups: type of offense, prior record, gender, age, length of detention, etc.
    • Disproportionate Minority Processing of Females: A Comparison of Native, Black and White Juveniles

      Schafer, N. E. (Justice Center, University of Alaska Anchorage, 1998-11)
      An examination of four years of statewide female juvenile referral data showed that Native girls are referred in disproportionate numbers and tend to have lengthier records. Underage drinking was one of the most frequent referral reasons. Because many of the Native females were from rural communities, the disproportionate referrals may be a factor of the smallness of the communities, in which misbehavior is more readily noticed. Examination of a subset of files for girls with multiple referrals showed that the actual behavior was often not particularly grave and that many of the girls with multiple referrals came from very unstable backgrounds.
    • Equitable over Time? — Evaluating the 'Costs' of Interstate Compact Participation

      Schafer, N. E.; Wenderoff, Leslie (Justice Center, University of Alaska Anchorage, 1992-10)
      The Interstate Compact for the Supervision of Parolees and Probationers (ICSPP) provides for the supervision of offenders in states other than those in which they were sentenced. It is assumed that the number of offenders entering a state for supervision is, over time, approximately equal to the number leaving for supervision elsewhere. Thus the net "cost" to the state would, over time, be zero. Data on Alaska's participation in the Interstate Compact formed the impetus for a study of Interstate Compact clients processed through the Anchorage probation office. This study suggests that numbers should not be the only measure of cost: demographic and offense characteristics of clients, as well as their supervision needs, should be factored into any cost assessment.