... section of the Model Penal Code: Sentencing The chapter ends with an overview of the book. Ashford G Baker K Bennett J Klein A R Oshinsky D M Parent D Van Ness D Code of Hammurabi fines jail Middle Ages prison Salem witchcraft trials Alexander M Bonczar T P Carlson E A Harris A Haynes S H...

...Fair Opportunity and Responsibility. David O. Brink, Oxford University Press (2021). © David O. Brink. DOI: 10.1093/oso/9780198859468.003.0011 Fair opportunity supports a modified version of the Model Penal Code insanity test, against the narrower M’Naghten test. The Andrea Yates...

... and Model Penal Code conceptions of provocation are distinguished. The Model Penal Code conception is shown to be regressive. A worry is raised that there is a double standard at work in the criminal law’s treatment of intimate partner violence involving men and women. A principled explanation is offered...

...This chapter argues that promising something with the intention of not doing it at all can be a crime. The Model Penal Code's definition of “theft by deception” states that insincere promising, and the definitions of federal mail and wire fraud, have prohibitions against “obtaining money...

... critical legal studies CLS Salop Steven C categorization Trubek David M Unger Roberto M Caudill David S White G Edward criminal insanity criminal law Bonnie Rule Grachek Julie E insanity defense M’Naghten test Model Penal Code accountability individual Applebaum Paul Hinckley John Kaganas...

...The chapter examines the most ambitious attempt in the United States to draft a systematic criminal code—the influential Model Penal Code, and its commentaries—to see what mention is made of, and what room might exist for, cultural factors within it. The Code pays little attention to cultural...

... in the United States and abroad, and sentencing standards and codes such as the American Bar Association’s Standards for Criminal Justice and the American Law Institute’s original and revised Model Penal Code. Minnesota sentences and sentencing sentencing guidelines United States National Association...

..., and principles and procedures recommended by the revised Model Penal Code. The conclusion then offers some final thoughts in response to likely objections to the proposed model’s principles and procedures, showing why limiting retributivism is fair to equally culpable offenders and potential crime victims...

... macro Quakers Criminal law punishment state power liberalism police power rule of law Rechtsstaat legal history comparative law police police power law state police state dual penal state dualistic analysis legal history longue durée Thomas Jefferson Model Penal Code war on crime...

...“A Vice of Its Virtues” explores certain problems with attempts to codify broad bases for authoritative punishment and for justifying actions. The essay focuses on the Model Penal Code. The three specific topics addressed are the right not to retreat, general justifications, and dangerous...

..., and that such a loss of credibility would undermine the criminal law's crime-control power. crime control utilitarians deontological desert lay judgments of justice retributivists rules common in modern criminal code excuse defenses insanity defense Model Penal Code coercion duress defense incapacitation...

... law has been the emergence of a more utilitarian conception of criminal offending as the imposition of risk or the violation of consent, combined with culpability. This utilitarianism is reflected in the Model Penal Code and many state codes. Yet understanding contemporary criminal law requires...

... defences doctrines of liability excuse defences functional analysis Model Penal Code culpability The liability function of criminal law doctrine, recall from Chapter 6 , is performed by two sets of doctrines. The doctrines stating the rules of conduct make up the first part of the liability inquiry...

...,” in Law and Lies: Deception and Truth-Telling in the American Legal System, edited by Austin Sarat (Cambridge University Press, 2015), 194 . ³⁴ American Law Institute, Model Penal Code: Sexual Assault and Related Offenses, Tentative Draft No. 1 (April 2014), § 213.3(2...

...Erin Murphy, Article 213 of the American Law Institute’s Model Penal Code In: Sexual Assault. Edited by: Tatjana Hörnle, Oxford University Press. © Erin Murphy, 2023. DOI: 10.1093/oso/9780198863397.003.0010 Erin Murphy explains the revision of sexual assault law...

...This chapter details the evolution of the American Law Institute’s (ALI’s) approach to criminal law reform, eventuating in the Model Penal Code (MPC). It begins with the pre-MPC committees and reports. Here, we see how the chaotic state of the criminal law called for reform and how the need...

..., and that is the law of attempts. This chapter comments on Duff's elaboration and criticisms of the law of attempts. It contrasts Duff's ideas about attempts with an interpretation of orthodox doctrine, particularly as it is reflected in the Model Penal Code. It then presents views about attempts, which differ from...

... positions of this sort have been worked out in some detail by American jurists, considered in the first two sections of this chapter. The first section discusses causation and imputation. The second section considers the draft American Model Penal Code. Meanwhile, the third section examines the scope...

... Boy Scouts drugs Germany physicians US war wife ignorance medical misconduct unavoidable voluntariness act under a description liability Model Penal Code US platitudes responsibility terrorist strict liability Ashworth Andrew Parker Judge Williams Glanville accessories...

... ) One of the areas of law where the Model Penal Code has had the greatest influence is on capital sentencing. Until 1972, juries in most states had largely uncabined discretion to condemn or spare defendants convicted of first-degree murder (or murder in states without degrees). The National Association...