Symposium on the Model Penal Code's Sentencing Provisions
Vanderbilt University - Law School
March 19, 2009
Florida Law Review, 2009
Vanderbilt Public Law Research Paper No. 09-08
In 1998, the American Law Institute decided to revisit the sentencing provisions in the Model Penal Code. Since that time the Model Penal Code Sentencing (MPCS) project has resulted in several approved revisions to the existing Code and several proposed changes that still must be adopted by the ALI. Among the approved provisions are a "purposes" statement that adopts "limiting retributivism" as the governing principle of sentencing, requires creation of a sentence commission, and adopts a presumptive sentencing/guidelines regime that differs in significant respects from the federal guidelines system. The proposed revisions include the abolition of parole and virtually all other back-end decision-making, recognition of a limited role for risk assessments at the front-end, and a requirement that, for each specific sentencing provision, demographic impact statements be prepared that would model the racial, ethnic, and gender composition of future sentencing populations if the proposed change took effect. This article describes these and other provisions of the MPCS project in more detail and then summarizes the papers in this symposium, authored by Kevin Reitz (the Reporter for the MPCS), Douglas Berman, Nora Demleitner, Judge Michael Marcus, Alice Ristroph, and Robert Weisberg.
Number of Pages in PDF File: 16
Keywords: sentencing, Model Penal Code, limiting retributivismAccepted Paper Series
Date posted: March 20, 2009 ; Last revised: March 23, 2009
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
This page was processed by apollo6 in 0.438 seconds