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Alaska Senate Bill 56: A Policy Analysis

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A 10 page consideration of the provisions made by the law resulting from Senate Bill 56. This law allows more judicial discretion in criminal sentencing. At the same time, however, it introduces a prime environment for perverse incentive and injustice. Bibliography lists 10 sources.

Page Count:

10 pages (~225 words per page)

File: AM2_PPcrmAk.rtf

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Unformatted sample text from the term paper:

56 was signed into effect March 22, 2005. Sponsored by Sen. Gene Therriault (R - North Pole), Sen. Ralph Seekins (R - Fairbanks), Rep. Ralph Samuels (R- Anchorage) and Rep. Lesil McGuire (R - Anchorage), this new law will clarify the Alaskas criminal sentencing procedures. In part it will allow a judge to: "impose a life sentence against convicted sex offenders"...."impose an aggravator against an offender with five or more previous misdemeanor convictions (Class A)....lets judges consider a first time felony offenders past criminal history when considering a sentence" (AkRepublicans.com, 2005). While some aspects of Senate Bill 56, and the resulting law, are obviously beneficial, however, others are quite disturbing. To understand these aspects it is necessary to review this legislation within the environment in which it was drafted. Senate Bill 56 was submitted in the wake of the confusion surrounding Blakely v. State of Washington, a June 2004 case where the Supreme Court decided that Washingtons sentencing laws were a direct violation of a defendants Sixth Amendment rights (AkRepublicans.com, 2005). In effect Blakely v. State of Washington resulted from the provisions of the Fourteenth amendment prohibition of the deprivation of: "life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws" (Cornel University, 2000). This case determined that a defendants right to a jury ...

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