Relating Kansas Offenses

Abstract

This Article examines Kansas case law addressing the interrelationship of drug offenses. The case law is marked not only by uncertainty, but also by inconsistency. ls In fact, the only seeming constant has been an approach of legal formalism l6 that often produces results that make little sense as a matter of statutory interpretation or policy. The Kansas Supreme Court's recent Schoonover decision tries to systematize the formalism. Even if the systematization effort succeeds in reducing uncertainty, it has produced and will continue to produce seriously unsound results. This Article proposes an alternative. Its approach is rooted in realism about the legislative process and sensitivity to the overall aims of the criminal code. In its emphasis on careful attention to context and legislative purpose, this approach bears considerable affinity with the legal process school that grew out of critiques of legal formalism.