Dedicated to Clarifying and Improving the Law
Current Projects
Model Penal Code: Sentencing
Project participants click here to access materials.
To join the MCG for this project click here
Purpose:
This project is revisiting the Institute’s Model Penal Code sentencing provisions in light of the many changes in sentencing philosophy and practice that have taken place in the more than 40 years since the Code was first developed.
Status:
The Council approved the start of the project in 1999. Tentative Draft No. 1 on the authority of sentencing commissions, presumptive sentencing guidelines, and the authority of courts in sentencing was approved by the membership at the 2007 Annual Meeting (subject to the discussion at that meeting and to editorial prerogative). A Discussion Draft of new material was presented at the 2010 Annual Meeting. This project is likely to last several more years before completion.
On October 23, 2009, the ALI Council voted overwhelmingly, with some abstentions, to accept the resolution of the capital punishment matter as approved by the Institute’s membership at the 2009 Annual Meeting. The resolution adopted at the Annual Meeting and now accepted by the Council reads as follows: “For reasons stated in Part V of the Council’s report to the membership, the Institute withdraws Section 210.6 of the Model Penal Code in light of the current intractable institutional and structural obstacles to ensuring a minimally adequate system for administering capital punishment.”
Having achieved the consensus of the membership at the Annual Meeting and now of the Council, this resolution is the official position of the Institute. Efforts will be made to communicate this position wherever the Model Penal Code is published or otherwise available and to the public generally.
Drafts:
Project participants can access electronic drafts using the link at the top of this page. Products available for purchase can be viewed using the link below.
View the available products related to this project
Upcoming meetings
No upcoming meetings are scheduled for this project.