Codifying Criminal Law: Do Modern Codes Have It Right?

Abstract:     
Many jurisdictions in this part of the world and elsewhere are contemplating or are in the midst of criminal code reform. I want to talk today about the most basic decisions that face those criminal code reformers: How should a criminal code be structured? Which liability rules should be codified? What kinds of information should be taken into account in formulating a code's provisions? What ought to be the primary purposes and drafting principles of a code?

My general plan has two parts: first, to look briefly at the trends in codification during the past thirty years and to draw from this some lessons on the most useful reform approaches; and, second, to suggest other kinds of reforms, and approaches to reform, that are not reflected in existing codes but ought to be.

Number of Pages in PDF File: 10

Keywords: criminal, modern code, criminal code, codification, criminal reform

JEL Classification: K14

Accepted Paper Series