NCJ Number
60420
Journal
KANSAS LAW REVIEW Volume: 26 Issue: 2 Dated: (WINTER 1978) Pages: 277-289
Date Published
1978
Length
13 pages
Annotation
THE KANSAS ATTORNEY GENERAL'S OPINION ON KANSAS'S LAW REQUIRING MANDATORY SENTENCES FOR CERTAIN OFFENSES INVOLVING FIREARMS IS SUMMARIZED AND EVALUATED, AND ITS IMPACT ON THE CRIMINAL SYSTEM IS DISCUSSED.
Abstract
THE 1976 KANSAS LAW DEPARTS FROM KANSAS'S SENTENCING CODE BY PREVENTING INDIVIDUALIZATION OF SENTENCES OR SHORT TERMS FOR SERIOUS OFFENSES. IN ADDITION, IT FORBIDS PROBATION FOR CERTAIN OFFENSES, OR PAROLE PRIOR TO SERVING THE MANDATORY MINIMUM SENTENCE. THE ATTORNEY GENERAL'S OPINION EXAMINED THE LAW'S RELATIONSHIP TO LAWS REGARDING HABITUAL CRIMINALS, MULTIPLE SENTENCES, AND SENTENCE REDUCTIONS, AS WELL AS THE TERMS 'FIREARM' AND 'USED.' KANSAS COURTS SHOULD ADOPT THE ATTORNEY GENERAL'S CONCLUSIONS THAT ONLY THE SENTENCE RELATING TO FIREARMS USE IS MANDATORY, THAT JUDGES MAY NOT REDUCE SENTENCES FOR A FIREARMS OFFENSE BELOW THE STATUTORY MINIMUM, THAT 'FIREARMS' MEANS ALL KINDS OF EXPLOSIVE WEAPONS, AND THAT 'USE' MEANS TO EMPLOY IN COMMITTING THE CRIME. IN ADDITION, THE LAW SHOULD APPLY ONLY TO PERSONAL USE OF A FIREARM. TO MEET POSSIBLE CONSTITUTIONAL REQUIREMENTS OF DUE PROCESS, JURY DETERMINATION OF DEFENDANT'S REQUEST. BECAUSE THE CURRENT LAW MAY INCREASE SENTENCING DISPARITY AND ENCOURAGE CIRCUMVENTION BY JUDGES, AMENDMENTS ALLOWING JUDICIAL DISCRETION IN SPECIAL CASES ARE RECOMMENDED. FOOTNOTES AND REFERENCES ARE INCLUDED. (CFW)