Now showing items 1-20 of 55

    • Visiting Rules and Regulations: A Preliminary Study

      Schafer, N. E. (Justice Center, University of Alaska Anchorage, 1988-04-04)
      Visiting rules and regulations from 71 long-term adult correctional facilities from 31 states were collected for review. The rules are divided into five areas: visitor application, visitor processing, contraband, conduct, and dress codes. They are reviewed in the light of recent standards which stress the importance of encouraging visits. Suggestions and recommendations for change are included.
    • Prison Visiting Policies and Practices [paper]

      Schafer, N. E. (Justice Center, University of Alaska Anchorage, 1987-10)
      Based on empirical evidence that visiting is significantly related to parole success, several authorities have encouraged correctional institutions to maximize visiting opportunities. Previous studies have noted geographical and architectural limits to such maximization. A decade of prison construction should have improved visiting opportunities. This paper reports the results of a national survey of visiting policies and draws comparisons with surveys reported in 1978 and 1954.
    • Pretrial Intervention and Chronic Offenders

      Schafer, N. E. (Justice Center, University of Alaska Anchorage, 1988-10-05)
      The Alaska Pretrial Intervention (PTI) program of the Alaska Department of Law operated in 13 locations throughout the state from 1983 to 1986, when economic pressures resulted in the program's termination. The program was intended to provide an alternative to full prosecution in cases where the offense behavior did not appear to warrant it. This paper analyzes recidivism in the PTI program through examination of chronic offenders, defined as PTI clients who were rearrested for the same charge as that for which they had initially been referred to the program.
    • 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.
    • Profiles of Prison Visitors

      Schafer, N. E. (Justice Center, University of Alaska Anchorage, 1983-10-14)
      An exploratory survey of visitors to two men's prisons finds that the visitors differ in some significant ways from prisoners' families previously described in the literature. The results raise some questions about the correlation that has been established between visits and post-release success and provoke suggestions for in-depth research into visitor/prisoner relationships.
    • Professionalism in the Alaska Department of Corrections: Education and Experience [paper]

      Schafer, N. E. (Justice Center, University of Alaska Anchorage, 1986-03-20)
      A survey of Alaska corrections personnel reveals that employees in all classifications tend to have more than the minimum education or experience required for their positions. More than 75 percent of college-educated corrections personnel earned degrees and more than 40 percent acquired their experience outside Alaska. The advantages and disadvantages of hiring large numbers of employees whose education and experience were gained elsewhere are discussed in the context of the unique problems of correctional service delivery in so large and diverse a state.
    • Selective Return of Criminal Law Activity to Alaska Native Villages: Neocolonialism or Revitalization of Tribal Sovereignty?

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1990-03)
      As Alaska struggles with criminal justice delivery to Alaska Native villages, many experiments have been undertaken or postulated which would reinvigorate criminal law activity in these rural places. Initial enthusiasm for alleviation of burdens on the formal system has been replaced with a state concern that village activity will be viewed as tribal activity. The author isolates areas where the needs of the state and villages can be met without feeding the flames of the conflict between state sovereignty and village tribal sovereignty.
    • Why Canadian Indian Law Is Important to Alaskans, Why Indian Law in Alaska Is Important to Canada

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1990-04)
      Federal policy governing indigenous peoples in Canada has been marked by repeated glances south and west (at Alaska) as it has been formed through parliamentary edict, case law and Constitutional entrenchment. Although rooted in a common Crown policy, the discrete history of Canadian policy has diverged from American practice even as the country's historical and its political development have diverged. Unlike United States policy, the underpinnings of Canadian Indian law as it related to aboriginal title land rights and the limits and potential of tribal sovereignty are only now coming into focus. This belated articulation of Indian rights parallels similar developments in Alaska where land rights and tribal rights are only now being defined. In both Alaska and Canada, hunting and fishing rights and tribal governance are political and legal matters whose impact on resource development and control by provinces and states make neat application of older Indian law concepts less predictable. Cases in either place offer guidance to federal courts in either country within a modern debate over public land rights. The author suggests that attorneys in each place monitor case law and legislation only now emerging.
    • From Land Rights to Sovereignty: Curious Parallels between Alaskan and Canadian Indigenous Peoples

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1989-11)
      Alaska Natives and Canadian aboriginal peoples have been late bloomers in securing land claims based on aboriginal title and its extinguishment. While the reasons for this delay relate to the discrete development of Indian policy in each country, both groups now find themselves seeking explicit governmental authority to regulate this domain. Despite the juridical premise that only those groups capable of controlling land have aboriginal claims to cede and/or extinguish, modern groups must secure federal confirmation of their sovereign powers. Barriers in each country are similar; so are the strategies employed.
    • State Enforcement of Alaska Native Tribal Law: The Congressional Mandate of the Alaska National Interest Lands Conservation Act

      Conn, Stephen; Garber, Bart Kaloa (Justice Center, University of Alaska Anchorage, 1989-10-27)
      Law journals, newspapers, and the courts all document Native unrest and dissatisfaction with state management of Native subsistence lifestyles. It is the thesis of this paper that the Alaska National Interest Lands Conservation Act (ANILCA) requires the state to discover and incorporate community-derived tribal law — customs and traditions regarding the taking and gathering of wild, renewable resources — as the applicable minimum federal standard to the extent that conservation of the resource permits.
    • 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.
    • Legal Culture Blindness and Canadian Indian Law

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1989-04)
      This paper explores the special problems that specialists in federal Indian law in the United States face when they attempt to understand the legal position of indigenous peoples in Canada, make comparisons and offer assistance and advice. Although the roots of Canadian Indian law in British Crown policy are similar to those of the United States, the evolution of United States and Canadian Indian law occurred in patterns which were as distinctly different as has been the evolution of each country. Although some comparisons can be made between the two patterns of legal development, especially in the realm of policy changes directed at indigenous populations, the core of each legal relationship is very different, especially as it relates to federalism, the constitutional process and role of the courts, and public land issues. Therefore, while models of Indian legal achievements in one country are often used to induce governmental change in the other, especially in Alaska among the United States and in Canada, generally, advocates and United States specialists must exercise extreme caution to avoid legal culture blindness based on a lack of appreciation of the very different historical development of each nation.
    • Merging Social Control and Criminal Law in Small Eskimo Villages in Alaska — Can It Be Done? The Portrait of the Inner Logic of Social Control Governing Drinking Behavior and Its Relationship to Criminal Law Process

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1985-04-04)
      The legal reaction by Yup'ik and Inupiat Eskimos in Alaska to drunken behavior has changed over time from one that penalizes drunkenness to one that seeks to prevent drinking. This new therapeutic approach interferes with any preemptive aggressive response by persons seeking to control an intoxicated person. Moreover, since the law perceives an intoxicated person as sick rather than bad, the traditional perception that an intoxicated person is not his normal self may be reinforced by the law. Indeed, a drunken person may act aggressively without fear of later community blame. The author concludes that the law should re-orient Native community members to understand that there is a connection between the sober and intoxicated self.
    • Reply Paper to ‘Multicultural Law-Related Education in the Humanities’ by Dr. Carlos E. Cortes

      Conn, Stephen (Criminal Justice Center, University of Alaska Anchorage, 1978-05)
      Multi-ethnic (or bicultural) legal education is a superior way to teach law as a social process within an everchanging American legal culture. By stepping out of one's own legal tradition or culture and into another's, it is possible to see how law really operates without blinders of ethnocentricity. Ethnic minority students can use their own legal tradition as a basis for contrast and comparison with American legal culture. Elementary school is the best place to explore the values which underlie legal traditions. Teachers must discover differences and refrain from indoctrination. Curriculum that is bicultural should focus upon common problems, borne out of relationships, and common approaches to problem solving. A team approach in curriculum development has produced instructional material which treats common problems comparatively where more than one legal tradition operates.
    • The Social Context of Pinball: The Making of a Setting and Its Etiquette

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1981-04-01)
      Pinball and the settings in which it is played are perceived by the public as having an aura of deviance. The perception derives in part from behavior observed in pinball parlors, but goes beyond the reality of the pinball setting. Public labeling of pinball, with its taint of illegitimacy, molds the etiquette of pinball and acts to repel or attract potential players. Recent efforts by industry to improve the image of pinball aim to dispel negative attitudes toward pinball, thereby widening the social acceptance and use of pinball in public settings.
    • The Extralegal Forum and Legal Power: The Dynamics of the Relationship — Other Pipelines

      Conn, Stephen (Institute of Social, Economic and Government Research, University of Alaska, Fairbanks, 1974-02-26)
      Diverse groups — e.g., Brazilian squatters, Navajos, village Eskimos and Indians — look to special forums to resolve disputes outside the formal legal system. These forums are employed because they accept disputes as defined by their clients and offer remedies based upon these conceptualizations. Formal agents of the law in their environments cannot do this. When these forums are extralegal (without formal legal authority to act) and are located in an environment where the formal legal process has the theoretical capacity to intervene in the disputes, they must tap into authentic lines of power to maintain their credibility with their constituents. Legal power is not usually formally delegated without defined limits upon its use. Because extralegal forums often must be free from the constraints of particular norms and processes, in order to correctly define and remedy disputes, extralegal forums seek borrowed power through special relationships with formal agents of legal power. Then they reapply it to meet the needs of their constituents. This paper describes the ways to study these relationships and their likely impact upon an informal forum. The author suggests a way of viewing extralegal dispute resolution in a given community against the larger matrix of relationships between the formal and informal legal process. He draws upon his field work in Brazilian squatter colonies, Navajo Indian communities, and rural Athabascan and Eskimo villages in Alaska.
    • 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.
    • A Socialist System of Justice: Observations from a Visit to the U.S.S.R.

      Endell, Roger V. (Justice Center, University of Alaska Anchorage, 1982-03-28)
      This paper presents observations of the Soviet system of justice, including the courts, the procuracy (described as a combination of a prosecutor or district attorney and a police investigator), criminal trials, sentencing, and corrections. The paper is based upon a three-week visit by the author to the USSR as one of 24 American participants in a criminal justice study program. In all, just over three weeks were spent in the Soviet Union including lengthy visits in Leningrad, Moscow, and Tallin (then-capital of Soviet Estonia). The opportunity of first hand observation and direct interaction with Soviet policy and law makers and Soviet academicians has done much toward destroying myths about Soviet justice practices.
    • Utilization of Research in Combating Violence in Alaska: An Ecological Perspective

      Johnson, Knowlton W. (Justice Center, University of Alaska Anchorage, 1983-09)
      Research diffusion and use has increasingly become an interest of social scientists and policymakers. This interest on the part of policymakers is evidenced by the results of this study. In particular, high level administrators in 268 human service agencies of Alaska reported moderate to high use of statistics, evaluation studies and other social science research in making pol icy decisions about combating violence. Findings are also presented that point to specific facilitators and inhibitors of research use. The conclusions and policy implications highlight how the results of this research utilization study can direct the formulation of a research and development agenda at the agency and state level.
    • Law Enforcement Selection Practices in the U.S.A. and Canada

      Johnson, Knowlton W. (Justice Center, University of Alaska Anchorage, 1983-04)
      Selection practices in law enforcement have been said to be one of the most complex facets of personnel management. In an effort to document the state of this complexity internationally, the study presented provides state of the art information about police personnel practices in the USA and Canada.