Articles Tagged Model Penal Code

Christopher Slobogin, Introduction to the Symposium on the Model Penal Code's Sentencing Proposals

61 Fla. L. Rev. 665 (2009) | | | | INTRODUCTION :: Begun in the 1950s, the drafting of the Model Penal Code (the Code) differed from the typical American Law Institute (ALI) “restatement” of the law project because it was an explicit attempt to provide a model statute that would advance doctrine and practice […]

Kevin R. Reitz, Demographic Impact Statements, O’Connor’s Warning, and the Mysteries of Prison Release: Topics from a Sentencing Reform Agenda

61 Fla. L. Rev. 683 (2009) | | | | INTRODUCTION :: Begun in the 1950s, the drafting of the Model Penal Code (the Code) differed from the typical American Law Institute (ALI) “restatement” of the law project because it was an explicit attempt to provide a model statute that would advance doctrine and practice […]

Douglas A. Berman, The Enduring (and Again Timely) Wisdom of the Original MPC Sentencing Provisions

61 Fla. L. Rev. 709 (2009) | | | | INTRODUCTION :: My favorite bit of folk wisdom is “if it ain’t broke, don’t fix it.” However, when considering the ongoing revisions to the Model Penal Code: Sentencing (MPCS) provisions, a corollary comes to mind: “fix what’s really broke, and don’t risk breaking what ain’t […]

Alice Ristroph, How (Not) to Think Like a Punisher

61 Fla. L. Rev. 727 (2009) | | | | INTRODUCTION :: The new sentencing provisions of the Model Penal Code (MPC) forcefully assert the nature of sentencing as judicial province. “One underlying philosophy of the revised Code is that sentencing is, at its core, a judicial function.” Specifically, the new provisions aim to secure […]

Nora V. Demleitner, Good Conduct Time: How Much and for Whom? The Unprincipled Approach of the Model Penal Code: Sentencing

61 Fla. L. Rev. 777 (2009) | | | | INTRODUCTION :: Up until the 1970s, indeterminate sentencing dominated sentencing in the United States. This model implied a focus on offender rehabilitation, with the concomitant need for individualized treatment. The American Law Institute’s (ALI) Model Penal Code (MPC), published in 1962, incorporated these assumptions, though […]