NCJ Number
113867
Journal
Rutgers Law Journal Volume: 19 Issue: 3 Dated: (Spring 1988) Pages: 773-796
Date Published
1988
Length
24 pages
Annotation
This article reviews some of the major problems involved in a penal code revision using the law of murder of the Model Penal Code as a discussion example.
Abstract
Those responsible for drafting the law of murder section of the Model Penal Code sought doctrinal correctness, coherence, and precision. But the drafters' views conflicted with prevailing political sentiments of the time resulting in compromise and thus yielding ambiguity in the language of the murder section of the Code. One way to respond to political differences in interpretation without compromising principles is to draft alternative statements, clearly indicating which is the preferred and recommended form. Critics of the drafters suggest that they should have provided more alternatives and labeled them more clearly in order to show the positions that led to the compromises. 122 footnotes.