A Model Code of Pre-Arraignment Procedure is a comprehensive statute that integrates Supreme Court decisions on police practices and criminal procedure with developing knowledge and views about sound law enforcement and criminal administration. The proposals set forth in the Model Code were intended to encourage legislatures and rule-making authorities to evaluate their own criminal justice operations and to formulate such specific rules as they deem appropriate.
The complete text of the Code covers: General Provisions; Part IA. Procedure from First Police Contact Through Arrest: Article 110--Pre-Arrest Contacts of Police Officers with Individuals; Article 120--Arrest; Part IB. Procedure from Appearance at Police Station to First Judicial Appearance: Article 130--Disposition of Arrested Persons; Article 140--Conditions of Interrogations During Custody of An Arrested Person; Article 150--Exclusion of Statements; Part IC. Identification Procedures: Article 160--Identification Procedures; Article 170--Order to Appear for Identification Procedures; Part II. Search and Seizure: Article 210--General Provisions; Article 220--Search and Seizure Pursuant to Warrant; Article 230--Search and Seizure Incidental to Arrest; Article 240--Search and Seizure by Consent; Article 250--Inspection Searches; Article 260--Border, Vehicular, Emergency, and Other Searches and Seizures; Article 270--Surveillance; Article 280--Disposition of Seized Things; Article 290--Evidentiary Exclusion; Part III. Procedures from First Judicial Appearance Through Plea: Article 310--First Appearance; Article 320--The Screening Conference; Article 330--Preliminary Hearing; Article 340--Indictment and Information; Article 350--Procedures Relating to Guilty Pleas; Appendices.
xxii, 767 pp., 1975, Order No. 5101, $35 plus $5 postage/handling -- Order this item
Chief Reporter: James Vorenberg, Harvard University Law School, Cambridge, Massachusetts; Reporters: Paul M. Bator, Harvard University Law School, Cambridge, Massachusetts (Tentative Draft No. 1 and Study Draft No. 1); Charles Fried, Harvard University Law School, Cambridge, Massachusetts; Telford Taylor, Columbia University School of Law, New York, New York (Search and Seizure); Associate Reporters: Edward L. Barrett, Jr., University of California School of Law, Davis, California (Tentative Draft No. 1); Arnold N. Enker, Dean, Faculty of Law, Bar-Ilan University Ramat-Gan, Israel (Part III--from December 1968 to September, 1969).
Advisory Committee: David C. Acheson, Washington, District of Columbia (to December, 1968); Francis A. Allen, University of Michigan Law School, Ann Arbor, Michigan; Bond Almand, former Chief Justice, Supreme Court of Georgia, Atlanta, Georgia; Richard B. Austin, District Judge, United States District Court for the Northern District of Illinois, Chicago, Illinois (to December, 1968); Paul M. Bator (from December, 1968); Arnold Bauman, former District Judge, United States District Court for the Southern District of New York, New York, New York; Edward L. Barrett (from October, 1973); Robert F. Borkenstein, Chairman, Department of Police Administration, Indiana University, Bloomington, Indiana; William Bryant, District Judge, United States District Court for the District of Columbia, Washington, District of Columbia; R. Ammi Cutter, Associate Justice, Retired, Supreme Judicial Court of Massachusetts, Cambridge, Massachusetts; Richard G. Denzer, Fordham University School of Law and former Counsel, State of New York Temporary Commission on Revision of Penal Law, New York, New York; Robert J. DiGrazia, Commissioner of Police, Boston, Massachusetts (from October, 1973); George Clifton Edwards, Jr., Circuit Judge, United States Court of Appeals for the Sixth Circuit, Detroit, Michigan; H. Lynn Edwards, Staff Director, Section of Criminal Law, American Bar Association, Washington, District of Columbia; Arnold N. Enker (to December, 1968); Arthur J. Freund, St. Louis, Missouri; Henry J. Friendly, Senior Circuit Judge (former Chief Judge), United States Court of Appeals for the Second Circuit, New York, New York; Stanley H. Fuld, former Chief Judge, New York Court of Appeals, New York, New York; Herman Goldstein, University of Wisconsin Law School, Madison, Wisconsin; Richard A. Green, former Deputy Director, Federal Judicial Center, New York, New York; Jack E. Herington, Inspector, Federal Bureau of Investigation, Washington, District of Columbia (from December, 1968 to February, 1974); Frank S. Hogan, former District Attorney of New York County, New York, New York (Deceased 1974); Yale Kamisar, University of Michigan Law School, Ann Arbor, Michigan; John Keenan, Chief, Homicide Division, District Attorney's Office, County of New York, New York, New York (from October, 1973); John B. Layton, former Chief, Metropolitan Police Department, District of Columbia, Washington, District of Columbia; Howard R. Leary, former Police Commissioner of the City of New York, New York, New York; J. Edward Lumbard, Senior Circuit Judge (former Chief Judge), United States Court of Appeals for the Second Circuit, New York, New York; Thomas C. Lynch, former Attorney General of California, San Francisco, California; David F. Maxwell, Philadelphia, Pennsylvania; Donald R. Morris, Inspector, Federal Bureau of Investigation, Washington, District of Columbia (to December, 1968); Keith Mossman, County Attorney of Benton County, Vinton, Iowa; Michael J. Murphy, President, National Automobile Theft Bureau, New York, New York; Patrick V. Murphy, President, Police Foundation, Washington, District of Columbia (from October, 1973); Emory H. Niles, Retired Judge, Supreme Bench of Baltimore, Baltimore, Maryland; A. Kenneth Pye, Dean, Duke University School of Law, Durham, North Carolina; Frank J. Remington, University of Wisconsin Law School, Madison, Wisconsin; George Rossman, former Associate Justice, Supreme Court of Oregon, Salem, Oregon (Deceased 1967); Walter V. Schaefer, Justice, Supreme Court of Illinois, Chicago, Illinois; Stanley R. Schrotel, former Police Chief, Department of Safety, Division of Police, Cincinnati, Ohio; Louis B. Schwartz, University of Pennsylvania School of Law, recently Director, The National Commission on Reform of Federal Criminal Laws, Philadelphia, Pennsylvania; Joseph Sloane, Judge, Court of Common Pleas, Philadelphia, Pennsylvania (Deceased 1972); Arthur E. Sutherland, Harvard University Law School, Cambridge, Massachusetts (Deceased 1973); Telford Taylor (to December, 1966 and from October, 1973); Roger J. Traynor, University of California, Hastings College of Law, San Francisco, former Chief Justice, Supreme Court of California, Berkeley, California (Cambridge, England 1974-75); Bernard Weisberg, Chicago, Illinois; Edward Bennett Williams, Washington, District of Columbia; John Minor Wisdom, Circuit Judge, United States Court of Appeals for the Fifth Circuit, New Orleans, Louisiana.
Tentative and Other Preliminary Drafts
Official Draft No. 1: General Provisions; Part IA. Procedures from First Police Contact Through Arrest; and Part II. Search and Seizure. The material included derives from Articles 1, 2, and 3 of Tentative Draft Nos. 1 and 2 and from Tentative Draft Nos. 3 and 4. xi, 241 pp., 1972, Order No. 5100, $9 plus $1.50 postage/handling -- Order this item
Tentative Draft No. 1: Article 1--General Provisions; Article 2--Investigation of Crime; Article 3--Arrest; Article 4--Disposition of Arrested Persons; Article 5--Conditions of Investigation During Custody of an Arrested Person; Article 6--Commencement of Proceedings; Article 8--Bail and Pretrial Release; Article 9--Violations of the Code: Exclusion of Evidence xxv, 250 pp., 1966, Order No. 5090, $5 plus $1.25 postage/handling -- Order this item
Tentative Draft No. 4: Part II. Search and Seizure xiii, 47 pp., 1971, Order No. 5094, $3 plus $1.25 postage/handling -- Order this item
Tentative Draft No. 5: Procedure from First Judicial Appearance Through Plea xvii, 113 pp., 1972, Order No. 5095, $7 plus $1.25 postage/handling -- Order this item
Tentative Draft No. 5A: Article 310--First Appearance; Article 320--Screening Conference; Article 330--Preliminary Hearing; Article 340--Indictment and Information; Article 350--Procedures Relating to Guilty Pleas xiii, 21 pp., 1973, Order No. 5096, $1.50 plus $1.25 postage/handling -- Order this item
Tentative Draft No. 6: Part IB. Procedure from Appearance at Police Station to First Judicial Appearance: Article 130--Disposition of Arrested Persons; Article 140--Conditions of Interrogation During Custody of an Arrested Person; Article 150--Exclusion of Statements; and Part IC. Identification: Article 160--Identification Procedures; Article 170--Order to Appear for Identification xiv, 329 pp., 1974, Order No. 5097, $12 plus $2 postage/handling -- Order this item
Study Draft No. 1: Part I: Four Alternative Models for Procedures Governing Disposition and Investigation of Arrested Persons: Model A--Stationhouse Screening Period (Adaptation of Articles 4 and 5 of Tentative Draft No. 1); Model B--Custody Magistrate Supervision of Screening; Model C--Prompt Appearance-Remand (No pre-production questioning without presence or consent of counsel); Model D--Prompt Appearance-Remand (Pre-production questioning permitted). Part II: The Factual Background of In-Custody Investigation Provisions of a Model Code xxi, 169 pp., 1968, Order No. 5091, $4 plus $1.25 postage/handling -- Order this item
Proposed Official Draft No. 1: General Provisions; Part IA. Procedure from First Police Contact through Arrest; and Part II. Search and Seizure xiii, 239 pp., 1972, Order No. 5098, $9 plus $1.50 postage/handling -- Order this item
Model Penal Code
The purpose of the Model Penal Code was to stimulate and assist legislatures in making a major effort to appraise the content of the penal law by a contemporary reasoned judgment--the prohibitions it lays down, the excuses it admits, the sanctions it employs, and the range of the authority that it distributes and confers. Since its promulgation, the Code has played an important part in the widespread revision and codification of the substantive criminal law of the United States.
The complete text of the Code: Part I. General Provisions: Article 1--Preliminary; Article 2--General Principles of Liability; Article 3--General Principles of Justification; Article 4--Responsibility; Article 5--Inchoate Crimes; Article 6--Authorized Disposition of Offenders; Article 7--Authority of Court in Sentencing. Part II. Definition of Specific Crimes: Offenses Involving Danger to the Person: Article 210--Criminal Homicide; Article 211--Assault; Reckless Endangering; Threats; Article 212--Kidnapping and Related Offenses; Coercion; Article 213--Sexual Offenses. Offenses Against Property: Article 220--Arson, Criminal Mischief, and Other Property Destruction; Article 221--Burglary, and Other Criminal Intrusion; Article 222--Robbery; Article 223--Theft and Related Offenses; Article 224--Forgery and Fraudulent Practices. Offenses Against the Family: Article 230--Offenses Against the Family. Offenses Against Public Administration: Article 240--Bribery and Corrupt Influence; Article 241--Perjury and Other Falsification in Official Matters; Article 242--Obstructing Governmental Operations; Escapes; Article 243--Abuse of Office. Offenses Against Public Order and Decency: Article 250--Riot, Disorderly Conduct, and Related Offenses; Article 251--Public Indecency. Part III. Treatment and Correction: Article 301--Suspension of Sentence; Probation; Article 302--Fines; Article 303--Short-Term Imprisonment; Article 304--Long-Term Imprisonment; Article 305--Release on Parole; Article 306--Loss and Restoration of Rights Incident to Conviction or Imprisonment. Part IV. Organization of Correction: Article 401--Department of Correction; Article 402--Board of Parole; Article 403--Administration of Institutions; Article 404--Division of Parole; Alternative Article 404--Division of Probation and Parole; Article 405--Division of Probation.
Complete Statutory Text, Official Draft as adopted at the 1962 Annual Meeting of The American Law Institute, Order No. 5788, $40 plus $3 postage/handling -- Order this item