Model Penal Code:

Sentencing

This work addresses the many changes in sentencing philosophy and practice that have taken place in the more than 40 years since these matters were first addressed in the Model Code. The project considers the contemporary controversy about the appropriate length of American criminal sentences and the present widespread dissatisfaction with the rules and procedures used to determine them.

Reporter:
Kevin R. Reitz, University of Minnesota Law School, Minneapolis, MN
Associate Reporter:
Cecelia Klingele, University of Wisconsin Law School, Madison, WI [from 2012]

This work revisits the sentencing provisions of the Model Penal Code in light of the many changes in sentencing philosophy and practice that have taken place in the more than 50 years since the Code was first developed. It replaces about half of the original Code and contains exhaustive research into best practices across the 50 states as well as a deep examination of academic literature. In addition to setting forth a comprehensive model for state legislatures, this publication provides invaluable materials for public-policy experts and academics.

Summary of Contents

Part I. General Provisions
Article 1. Preliminary
Article 6. Authorized Dispositions
Article 7. Collateral Consequences of Criminal Conviction
Article 8. Sentencing Commission
Article 9. Sentencing Guidelines
Article 10. Judicial Sentencing Authority
Article 11. Prison Release; Correctional Populations Exceeding Capacity

Appendix A. Principles for Legislation
Article 6. Authorized Dispositions
Article 11. Prison Release; Correctional Populations Exceeding Capacity

Appendix B. Institutional Structure of the Sentencing System

Appendix C. The Question of Parole-Release Authority

Appendix D. Victims’ Roles in the Sentencing Process

Sentencing

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