Good news about the ALI revised model penal code

From Professor Ira Ellman: At the May meeting the members adopted a number of amendments, including three that I offered, which improved the drafts. The Reporter revised the text of the Model Penal Code accordingly, and this revised text has now been approved by the ALI Council.  There are now no further steps remaining with respect to the text.  That battle is over.

The Reporter has not yet made the necessary revisions to the commentary that accompanies the text of the code (known in ALI parlance as the “Blackletter”).  When he does, he will submit the revised commentary to the council, which must approve that also.  The commentary is important, so that’s one remaining item I’ll keep monitoring. Of course, the commentary must be consistent with the Blackletter, but’s it’s important because it explains and provides the arguments and basis for the rules set forth in the Blackletter.

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2 Thoughts to “Good news about the ALI revised model penal code”

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  1. Raw

    Now we’re waiting on the black letter to be approved which means that won’t be voted on until the next council if I’m reading that correct. With all the excitement over this being passed by council, will any of this become law or is it more hope going down the tube? This rollercoaster ride for years now is getting old. Although I sound like a doubting Thomas I do appreciate all the work ALI has put in this. A special thanks to Professor Ellman for his proposals that effected even more people than Article 213 covered. Best case scenario say that all of this passes, the black letter law gets written, what’s the chances of any of it becoming law? I think that the states with more dem legislators have a better chance.The AGs are going to fight this as hard as they can NOT to pass any of it. It would mean millions of dollars in the loss of revenue. They couldn’t control us anymore and we all know they love both of those. I’m hopeful but very doubtful that Ohio gets any of this through. I’m also wondering if any states do get these changes passed if there will be a mad dash for those states. I know for a fact if that’s possible I’m outta here and headed to the first state that passes them. Once again, thank you for all the hard work put into this which will be another step to abolishing these unconstitutional laws altogether.

    1. Jeremy from Indiana

      Please don’t jump ship to the first state that adopts these recommendations.

      My argument is that we should stay where we are and fight our own local battles. Here’s my reasoning:

      While we do have the second lowest recidivism rate of all ex-convicts, it is not zero. It’s a little over 5% in a 5 year period according to the latest study. If former offenders flock to the one state that abolishes the registry, let’s say for the sake of argument that it doubles the amount of offenders in the state.

      For example: Let’s say the state had 10,000 registrants prior to the law and 20,000 after implementation of the more relaxing law. If 5% reoffend on average, then there will be approximately 1,000 people reoffend in that state whereas before it was only 500.

      Politicians will jump on those stats and say “See! The registry was working! We now have twice as many re-offenses in our state now than before the registry was abolished. Reinstate the registry!”

      Even if it’s a 1% increase in re-offense rate, they will still use this argument.

      That state will likely reinstate the registry since nobody will try to fight that argument and then no other state will follow suit. We will have lost.

      So, I beg you… stay where you are and keep fighting the fight locally. If a state does do this, you can use their stats in your argument.