Section on Criminal Justice
Torrance, South Tower/Level 4, San Diego Marriott Hotel & Marina
The Model Penal Code Sentencing Proposals
(Program to be published in Florida Law Review)
The first revision of the American Law Institute's Model Penal Code (MPC) since 1962 focuses on its sentencing provisions. Few in the 1960s foresaw the weakening of rehabilitation theory, the invention of sentencing commissions, the abolition of parole-release authority in 16 jurisdictions, or the explosion in U.S. incarcerated populations. New Model Penal Code provisions approved by the ALI in 2007 include: (1) A new statement of sentencing purposes that is utilitarian within the boundaries of proportionality; (2) The recommendation that every state charter have a permanent sentencing commission with authority to promulgate sentencing guidelines; (3) Tools to allow states to control prison population growth; (4) A requirement that racial and ethnic impact statements must precede the adoption of new laws or guidelines affecting sentencing. Proposed drafting for the project includes: (1) A recommendation that the prison-release authority of parole boards should be eliminated; (2) A proposal for the use of risk and needs assessments of offenders as part of the judicial sentencing process. On this panel, the Reporter for the MPC revision project will describe the proposals in more detail and the other panelists will comment on the project.
Business Meeting at Program Conclusion.
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