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Model Penal Code information


The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States.[1][2] The MPC was a project of the American Law Institute (ALI), and was published in 1962 after a ten-year drafting period.[3] The chief reporter on the project was Herbert Wechsler, and contributors included Sanford Kadish and numerous other noted criminal law scholars, prosecutors, and defense lawyers.[4][5][3]

The ALI performed an examination of the penal system in the U.S. and the prohibitions, sanctions, excuses, and authority used throughout in order to arrive at a cohesive synthesis to the extent possible,[5] and the best rules for the penal system in the United States.[5] Primary responsibility for criminal law lies with the individual states, which over the years led to great inconsistency among the various state penal codes.[4] The MPC was meant to be a comprehensive criminal code that would allow for similar laws to be passed in different jurisdictions.[2]

The MPC itself is not legally-binding law, but since its publication in 1962 more than half of all U.S. states have enacted criminal codes that borrow heavily from it.[3] It has greatly influenced criminal courts even in states that have not directly drawn from it, and judges increasingly use the MPC as a source of the doctrines and principles underlying criminal liability.[3]

  1. ^ Kadish (1978)
  2. ^ a b MPC (Foreword).
  3. ^ a b c d Kadish, Schulhofer & Barkow (2017), p. 157.
  4. ^ a b Wechsler (1952)
  5. ^ a b c Dubber (2015, pp. 7-10).

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