Sentencing

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Status Details

The entire work will be presented at the 2017 Annual Meeting, completing this project. The Proposed Final Draft will be presented for discussion in the following order: Sections 6B.08, 7.02-7.04, 7.07, 7.07C, 7.08, 7.09, 6.14, and 305.8, which are presented to members for approval for the first time; Sections 6.06, 7.07A, 7.07B, and 305.6, which have been revised following membership approval; and any other Sections in the Proposed Final Draft now that all the Sections of the project may be viewed as a whole. View the project’s proposed final Table of Contents.

For an in-depth look at the history of this project, please visit the Sentencing page of The ALI Adviser.

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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.

Report of the Council to the Membership of The American Law Institute On the Matter of the Death Penalty (April 2009)