Assault and the Criminal Justice System. Alaska Criminal Justice Commission, presentation to ASHNHA

Transcription

1 Assault and the Criminal Justice System Alaska Criminal Justice Commission, presentation to ASHNHA

2 Crime rates and increasing violence 1, Violent Crimes in Alaska per 100,000 Residents, , , , ,

3 Crime rates and increasing violence 1,200 Violent Crimes in Anchorage per 100,000 Residents, , , 1, , , ,

4 Alaska Statutes: Assault AS Assault in the first degree Class A Felony Recklessly causes serious physical injury to another by means of a dangerous instrument Or causes serious physical injury by repeated assaults using a dangerous instrument, even if each assault individually does not cause serious physical injury With intent to cause serious physical injury to another, causes serious physical injury Knowingly engages in conduct that results in serious physical injury to another under circumstances manifesting extreme indifference to the value of human life

5 Alaska Statutes: Assault AS Assault in the second degree Class B Felony With intent to cause physical injury to another person, causes physical injury using a dangerous instrument; Recklessly causes serious physical injury to another person Recklessly causes serious physical injury by repeated assaults, even if each assault individually does not cause serious physical injury.

6 Alaska Statutes: Assault AS Assault in the third degree Class C Felony Recklessly Places another person in fear of imminent serious physical injury using a dangerous instrument Causes physical injury to another person using a dangerous instrument Causes physical injury to a child under 12 in some circumstances With intent to place another person in fear of death or serious physical injury to the person or the person's family member, makes repeated threats Knowingly causes physical injury to a child between 12 and 16 With criminal negligence, causes serious permanent physical injury using a dangerous instrument Assault 4 with significant criminal history

7 Alaska Statutes: Assault AS Assault in the fourth degree Class A misdemeanor Recklessly causes physical injury to another person With criminal negligence causes physical injury by means of a dangerous instrument By words or other conduct recklessly places another person in fear of imminent physical injury

8 Sentencing Presumptive system for most felonies Sentences for felonies have a range Sentences can go above or below the range if certain factors are proved No presumptive system for misdemeanors Sentences are often determined or circumscribed by a plea bargain

9 Sentencing: A and B Felonies Class A: Maximum of 20 years First offense: 3-6 years Second offense: 5-9 years Third offense: years Maximum 10 years probation Class B: Maximum of 10 years First offense: 0-2 years Second offense: 2-5 years Third offense: 4-10 years Maximum 5 years probation

10 Sentencing: C Felonies and A Misdemeanors Class C Felony: Maximum of 5 years First offense: 0-18 months suspended Second offense: 1-3 years Third offense: 2-5 years Maximum 5 years probation Class A Misdemeanor Maximum of 1 year Exception to the rule for A misdemeanors Maximum 3 years probation

11 Arrests Must arrest: crimes involving domestic violence May arrest: all felonies with probable cause May issue citation (no arrest) for C felonies (officer discretion) May arrest for misdemeanors observed by the officer May arrest for other misdemeanors with probable cause and a warrant May issue a citation for misdemeanors

12 Bail Schedule Defendants are held pre-trial depending on their ability to pay bail Bail schedule for misdemeanors Tells officers what standard bail amount is so they don t have to call a magistrate First assault: $500 Second assault: $1000 Some offenses call for release without bail New in 2016: no sober holds in Anchorage No bail schedule for felonies

13 Bail: Upcoming changes Current System: Bail amounts used as proxy for risk New System: Based more on risk Risk assessment will tell if defendant is low, moderate, or high risk for failure to appear or new criminal activity Release determined by risk level and category of offense For assaults, secured money bail may be set

14 Deterrence and Recidivism Deterrence: Little correlation between length of sentence and deterrence No deterrent effect if offender is unlikely to be caught Recidivism: Longer sentences do not have any more effect on recidivism than shorter sentences For some low-level offenders, any time in prison will increase risk of recidivism