Courts In Alaska

There are four levels of courts in Alaska. The highest is the Supreme Court and then the Court of Appeals. Those are the two highest courts. After them follow the Superior Courts and lastly the District Courts. Alaska has 58 trial courts in four different districts. There is only one appellate court which has three judges.

This is a link for the Alaska court systems

http://courts.alaska.gov/

*JW *VP

Kodak Moment

Picture of a DEA badge.

http://www.militaryplaques.com/Dept%20of%20Justice/DEA-Badge.jpg

Judicial Selection Methods

Alaska selects high courts/supreme courts by having uncontested retention elections after initial appointments. Alaska also selects their intermediate appellate court judges by having uncontested retention elections after initial appointments. To select their trial court judges Alaska has uncontested retention elections for all general jurisdiction trial courts. The benefits and drawbacks fpr selecting judges through popular elections are that if the people get to vote for the judges then it will seem as if their voice was heard. But then again, everyone included in the elections i.e. the government probably feel as if they know better who should be appointed as judges and if the people vote, their opinions don't matter.

- T.D.

Arrest and Appeals in Alaska

According to Anchorage daily news,a school teacher by the name of Anisa Nelson was arrested for forging prescription and illegal got the drug adderall. Apparently she repeatedly forged and filled prescriptions at several pharmacies. There was no indication that she was giving the medication to anyone else. She was charged with 31 counts each of second degree forgery and fourth degree misconduct involving a controlled substance. The court of general jurisdiction would hear this case.("Anchorage daily news," 2009) CC
2009, October15). . Teacher faces felony forgery, drug charges.Retrieved from http://www.adn.com/news/alaska/crime/story/975452.html


Appeals

After months of backtracking in its prosecutions of the Alaska corruption cases, the Justice Department said Friday that former House Speaker Pete Kott received a proper trial in 2007 and his conviction on bribery, extortion and conspiracy charges should stand.

Kott's attorney asked for dismissal of charges because prosecutors failed to turn over favorable evidence before Kott's trial. The district court was responsible for this case.(Mauer,2009)
L.B, L.W

Mauer, R. (2009, October 23). Justice dept.: kott verdict should stand. Retrieved from http://www.adn.com/front/story/985069.html

COURT SYSTEM WITHIN ALASKA

The court system in Alaska is as follows:

TRAIL LEVEL :

Within the Superior Court there are 16 courts in 4 districts and they handle most exclusive domestic relations, felony/criminal appeals, and juvenile cases. There are 40 judges and 8 masters.

Within the District Court there are 58 locations in 4 districts. They have only 20 judges and 36 magistrates. They handle tort ( $0-$100,000), small claims ($0-$10,000), preliminary hearings/misdemeanors, emergency juvenile, and also exclusive traffic/other violations except for uncontested parking violations.

APPELLATE COURT :

Within the Court of Appeals there are 3 judges. Their case types are as follows:
-Discretionary jurisdiction in criminal, juvenile, original proceeding, interlocutory decision cases.
-Mandatory jurisdiction in criminal, juvenile, original proceeding, interlocutory decision cases.

Within the Supreme Court there are 5 justices and There cases are as follows:
-Mandatory jurisdiction in administrative and civil agency cases.
-Use of discretionary jurisdiction in criminal, juvenile, original proceedings, disciplinary cases, interlocutory decisions and certified questions from federal courts.

LINKS:
Supreme Court: http://courts.alaska.gov/appcts.htm
Court of Appeals: http://courts.alaska.gov/appcts.htm


SF :)

Miranda Warning

The purpose of the Miranda Warning is only to protect a suspect from making incriminating statements during questioning. All police need to legally arrest a person is probable cause-a reasonable belief that an individual committed a crime. Police are required to read the Miranda Warning only before interrogating a suspect. An individual can be arrested without being read the Miranda Warning.

*LW

"The erroneous admission of a coerced confession at trial can be ruled a harmless error that would not automatically result in overturning a conviction." - An example of this would be police confusing the suspect and the suspect confessing to a crime under the confusion.

"A suspect can be questioned in the field without a Miranda warning if the information the police seek is needed to protect public safety." - An example of this would be police questioning a suspected drug dealer where he hid his drugs that is near an elementary school.

"An attorney's request to see the defendant does not affect the validity of the defendant's waiver of the right to counsel. Police misinformation to an attorney does not affect waiver of Miranda rights" - A suspect's statements made before an attorney is present can be used again him/her. A suspect's family or friends cannot request and attorney for the suspect, only the suspect can request and attorney.

*JW *VP

Warrantless Search

Type of warrantless search and arrest: Exigent Circumstances
Laura Blank of Alaska hit Pennye McDowell as she was walking on a residential street. Laura did not stop once the accident occurred. Prior to the incident Laura had drank 2 beers and was driving home with her two daughters. Her husband Greg had arrived to the scene once the investigation began and told Officer Tyler that his wife may have been involved in the accident. Officer Tyler along with two other officers followed Greg back to his residence to question his wife.
Without attempting to obtain a search warrant Officer Tyler asked Laura to take a preliminary breath test. She agreed to the breath test which registered at 0.82%.Laura then agreed to accompany Officer Tyler to a nearby hospital to take a blood.(Never once was she arrested) Once they arrived to the hospital she refused consent at the hospital.
Although Laura verbally acknowledged the request, and it is not clear that she actually heard it, she submitted to the test without hesitation or complaint. The superior court held that Blank's acquiescence to Trooper Tyler's request did not satisfy the consent exception to the warrant requirement because she did not make "a voluntary, knowing, and intelligent choice to submit to the test. Unfortunately the court of appeals did not address the issue. Laura was then indicted December 1994 for Manslaughter and leaving the scene. The superior court denied Laura motion to suppress the evidence of the initial breath test however, the court stated the test was authorized. (State Vs Blank)
CC,LB
(2004). State V Blank. Retrieved from http://www.duidefenders.net/DuiCaseLawDetail37.htm

Assignment #5

In 1990, an Alaskan police officer was arrested for pulling over female drivers and threatening to arrest them and take them to jail for various reasons and would only let them go if they paid him money. This act falls under bribery and extortion. This is defined as a police officer exploited specifically to raise money. By accepting money to forget about laws being broken the officer was being corrupt. The police officer could have acted differently by not accepting money in the first place and issuing tickets to the people that have violated traffic laws.

*JW VP*

Labels: Polcie brutatlity, Alaska

Federal Bureau of Investigation: Alaska

This is a photo of Alaska's Federal Bureau of Investigation patch.

-SF <3