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1 Alaska Just. F. 1 (1977)

handle is hein.journals/aljufor1 and id is 1 raw text is: Alaska
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IN    THIS ISSUE:
- Practitioners Guide to Search & Seizure.
- Analysis of Recent Alaska Supreme Court De-
cisions (Pre-indictment Right to Counsel).
- Continuing Professional Development: A Look
at What's Happening.

VOLUME 1 NUMBER 1

MAY 1977

ALASKA CASE
A SYSTEM IN EVOLUTION LAW: RIGHT
--John E. Havelock  TO  COUIlSEL

Why    the   ALASKA      JUSTICE
FORUM? Another newsletter? Nol Your
own agency's news bulletin is the best
place to find out what the chief thinks,
who's moved where, stuff going on in the
agency.
The Alaska Justice Forum will be
built around a core of freshly prepared
educational material, specially adapted to
Alaska, about the whole system. Think
of it as a graduate correspondence course
for professionals on the administration
of justice in Alaska.
Like any other human institution, the
system of justice is in evolution. Regu-
lar staff meetings, briefings and the peri-
odic literature of your profession help
you to keep up with changes in your own
sector. But changes in one area which
sometimes dramatically impact all sectors
frequently catch even the alert practi-
tioner napping.
The Alaska Justice Forum will
respond to those eductional needs which
reflect whole system concerns through a
permanent, looseleaf service wrapped in
an information sheet on hotline develop-
ments, current training and educational
opportunities, new book reports, and
commentary on current issues with multi-
ple agency impacts. The permanent
sheets will be numbered and punched to
provide a looseleaf service so over a per-
iod of months you will build a handy
reference guide to topics like police
organization, lineup procedures, discre-
tionary diversions, updates on criminal
law and procedure, referral agencies for
juveniles, new sentencing laws, prisoner's
rights and many other topics. These
sheets will be replaced as dated by events
and new   knowledge. Frequently, they
will be written by experts from your
own agency.

The Alaska Justice Forum is dedi-
cated to the proposition that the adminis-
tration of justice will work more smooth-
ly, produce a better result if each field
professional has a better idea of how his
work is in turn impacted by the work of
others. The Forum is building a body of
kriowledge reflecting the inescapable fact
that police, courts, prosecution, defense
and corrections, though they pursue dif-
ferent and sometimes conflicting mis-
sions, share an overall interdependent
responsibility to the public to shape and
administer a coherent, recognizable sys-
tem, swiftly, honestly and with justice,
reflecting  the highest values of the
society.
The Forum invites contributions in
articles; letters, check lists and practice
aids and suggestions on how we can im-
prove the service and its usefulness.
The Forum is a pilot project funded
through a grant from the Governor's
Commission on the Administration of
Justice. In the long run, it. will work be-
cause you need it and use it. Let us know
how we can make it serve you better.

. The House Judiciary Committee has
just completed three weeks of hearings
on a substantial portion of the Proposed
Alaska Revised Criminal Code. The
recommendations of the Criminal Code
Revision Subcommission, which was cre-
ated by statute in 1976, are contained in
three Tentative Drafts. A limited num-
ber of these volumes are available by con-
tacting Phyl Booth at the Criminal
Justice Center, 278-3938. The Sub-
commission will complete its compre-

Blue v. State, 558 P2d 636 (Alaska,
1977). Benefield v. State, 559 P2d 91
(Alaska, 1977). These are companion
cases arising out of the same events. The
decisions provide answers to the unre-
solved issue for Alaska of the right of an
accused to have counsel at pre-indict-
ment lineups.
In Kib    v. Illinois, 406 U.S. 682
(1972), the United States Supreme Court
had held that the Sixth Amendment to
the U.S. Constitution did not require that
an accused be provided with counsel at
pre-indictment lineups. However, deci-
sions by the U.S. Supreme Court on the
meaning of provisions of the Federal Bill
of Rights merely provide a minimum
standard of conduct which state courts
and local law enforcement must observe.
States are free to interpret the meaning
of provisions in their own constitutions
which are similar to those contained in
the Federal Bill of Rights in a more
stringent fashion. This is what the Alaska
Supreme Court did in the Blue and Bene-
field cases. The Court held:
(Continued on next page.)

hensive revision of Alaska's criminal
laws by December 1, 1977.
A presentation outlining the high-
lights of the revision.will be made at the
Alaska Peace Officers Association's Crime
Conference in Ketchikan on June 2,
1977. Public hearings will be heldthro-
ughout the state during the summer and
fall, providing an opportunity for crimi-
nal justice practitioners to comment on
the Revised Code.

CRIMINAL CODE REVISION

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