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Murder under Alaska law is divided into first-degree murder and second-degree murder.
History
Under Alaska's first law code, the Carter Code, the punishment for first-degree murder was a death sentence, but the jury could choose to give the defendant a life sentence instead. First-degree murder included not only deliberately killing another, but also all killings conducted in the course of certain felonies. Also, killing by poisoning or blocking a railroad were automatically considered first-degree murders. Second-degree murder included all malicious killings not included within the remit of first-degree murder, and carried a minimum penalty of fifteen years' imprisonment.[1]
In 1957, when the death penalty was abolished in Alaska, the punishment for first-degree murder was changed to "life or for any term of years".[2]
In 1978, Alaska's penal code was reformed. Murder and attempting murder were "unclassified felonies", which meant that it was one of the most serious crimes under the code. The punishment for first-degree murder was reduced to a minimum of 15 years, and that for a second-degree murder to a minimum of five. However the court could impose a 99-year sentence in all cases, and a 99-year sentence was mandatory in certain cases, such as when the offender had previously been convicted of first- or second-degree murder, or when the person killed was a police officer or had been tortured by the offender.[3]
Before 1993, the minimum punishment for first-degree murder was increased to 20 years.
- ^ Alaskan Criminal Code of 1900 ss 3, 4, 5.
- ^ Green v. State (1964), 390 P.2d 433
- ^ AS 12.55.125(a), (b), and (h).