NCJ Number
130466
Date Published
1977
Length
120 pages
Annotation
The author presents a model Social Protection Code which departs from the concepts of the traditional retributive model.
Abstract
The introduction to the model code provides an extensive explanation of the concepts underlying the code. The primary purpose of the model code is to replace retributive penal codes with a code that emphasizes the protection of society in a humane way. The "General Part" of the code covers purpose and applicability, offenses, liability, limitations and extensions of applicability of sanctions, and sanctions. The "Special Part" defines offenses and associated sanctions. Offense categories encompass crimes against life and health; against personal liberty and peace; against privacy and honor; against children, the family, and dependents; against currency, documents, and other evidence; against property; against legal order and the administration of justice; against orderly government; against public peace and harmony; against the environment and public safety; and against State security. The code focuses on assessing the dangerousness of persons who engage in a behavior or behaviors that violate laws. Adjudication does not determine guilt but whether or not the person acted in such a way as to violate the norms of rationality, honesty, and neighborliness. Sanctions are not intended to be punitive for the offender but rather to protect the public from future harmful behaviors. The effect of any sanction must not cause suffering to the offender that exceeds the suffering caused by the offense. Sanctions include confinement, parole, intermittent confinement, probation, deferred sentence, discharge, restitution, fines, forfeiture of property, prohibition against specific activities, and deportation.