THE MODEL PENAL CODE AS A SOURCE OF CRIMINAL LAW IN UNITED STATES OF AMERICA:- In federal system each state is free within constitutional limits to develop its own common and statutory law. Consequently, state and federal legislatures have enacted differing statutes, and the courts have interpreted English common law differently. As a result, American criminal Law, while sharing a common basis, is quite diverse. Prior to 1960, it was difficult to speak of "The Criminal Law of United States". In 1962, the American Law Institute (A.L.I), a private organization comprised of leading lawyers, Judges, and Scholars, adopted the Model Penal Code (MPC), intended as legislation for states to adopt or reject. Since its promulgation in 1962, the MPC has been adopted in whole or in part by legislatures in over 35 states. Because of that general acceptance, no survey of current criminal Law could omit the MPC. Many Jurisdictions (Most importantly, the federal code and that of california) still have not adopted the MPC in any way. While it may be generally true that the MPC is "American Law" any specific provision may not be, "the law" in a particular jurisdiction. Still, even in Jurisdictions that have not enacted the MPC, courts sometimes look to it for guidance because it is thought to embody neutral and carefully constructed approaches to Criminal Law Doctrine.
Posted on: Wed, 11 Sep 2013 06:46:38 +0000
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