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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8 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.

  2. mut

    if being forced from the safety ones home or immediate vicinity unto a distant location where further restrained and forced to comply with the commands of another does not represent an affirmative disability or restraint on ones liberty as the courts have repeatedly held then it seems apparent that anyone in prison for kidnapping should have their conviction or sentence revisited.

  3. mut

    they are trying to create a public registry for animal abusers in nevada. wow. maybe when enough people are forced to register we can create a registry for stupid politicians.

  4. ED

    I was reviewing PARSOL and was amazed to find out that the PA.State Representatives are introducing Bills 47 and 77. These bills target persons forced to register under Pa megans law. If passed, an individual forced to register as a sexually violent predator who resides within 2500 feet of a public school, private school, parochial school, or a day-care center would have six months after the laws effective date to relocate. We know that the original distance was 1,000 feet, and now they are extending it an additional 1,500 feet which brings it into the range of 1/2 mile. We also know that in any given community it would be impossible to reside due to the location of the schools mentioned. There were many cases to where communities have tried to pass ordinance to ban a sexual offender from residing within there community and the courts through the case out. This is why these bills are being introduced solely because if the ordinance theory wont work we will increase the distance and force them out. I have never witnessed such hate from Legislators. They should be looking for alternative methods to help people, instead they look for methods to further destroy individuals, and when it comes down to winning votes, pretty sad. These are people we vote for and they are suppose to be working for to better us not destroy us. I Will think long and hard about voting for anyone who wishes to destroy me. If this passes through in PA watch out for it may go viral in other states.

  5. ED

    Go on line and type in (Changing SORNA to SOMA) it is 50 pages long and covers how they want to make the change.This came out Feb. 20, 2023.

  6. ED

    Here in Pennsylvania we are awaiting the hearing for George Torsilieri, the hearing is scheduled before the PA Supreme court on May 23rd. If this case should fail, but I am positive it will pass in favor of Torsilieri. But if for some reason it fails, we must never give up and pursue this issue of seeing the registry abolished. For those out there who are labeled sexual violent predator it may behoove you to look at the key reason to why the sexual offender assessment board determines a person to be labeled SVP. I will give you a hint, the key reason is that people have a personality disorder and a mental abnormality. Now here is the research that you must look at and it concerns Domestic Violence. We all know that it only took one individual named Adam Walsh to create SORNA and this ugly registry. You will be shocked to find out how many children who have been killed or injured, some as low in age like 7 months and 9 months. Here is what you will also find and that being that they are classified as having personality disorders and psychological disorder. The psychological disorder is the same as mental abnormality. So when you put this together why are they not classified as DOMESTIC VIOLENT PREDATORS and made to register the same as a sexual offender. Why is it that they do not have to go before an assessment board, everything they do brings harm to minor children? As I said earlier you need to research this and you will see what I am speaking about. You will be shocked and also saddened.

  7. ED

    I wish to comment on our Judicial system, and to how they are to base there decisions on the constitutionality of all aspects of cases brought before them. After reviewing hundreds of cases and in those cases the prosecution always uses the theme (we want to promote public safety through a civil, regulatory scheme and to comply with federal law. Well how many times has it been proven through research from professionals that it is not civil but punitive in nature. I have to wonder at times if our courts base there opinions not on the constitutionality but base there decisions on a political basis. One has to wonder when the evidence is presented and it clearly shows that the issues at hand are unconstitutional. The only case that concerns sexual offense that was deemed unconstitutional was the Muniz case due to ex-post-facto. When you look at how the Legislators draft up there statutes for sexual offenses, they use the technique known as schemes. The definition of scheme is (crafty plot), a plot not to help individuals but to destroy them and yes lets not forget the families also. Lets turn our focus on the real public safety issues at hand, and it surely is not sexual offenses. Just listen to the news and look all around each day, and reality shows that public safety to American society is not sexual offense but a variety of other crimes that are bringing harm and death to innocent people throughout this nation. People fear to even walk the streets, because they have the fear of being shot or beaten. So we must ask ourselves to why Legislators are so bound and determined to continue to strike fear into our society concerning sexual offenses, when the real fear lies in the other crimes that are being committed right before our eyes. Either put all crimes on a registry or do the just and right thing and abolish the registry totally. Lets do what is constitutionally right and base it on a persons rights and liberty and to free of the punitive acts.