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The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States. [1] [2] The MPC was a project of the American Law Institute (ALI), and was published in 1962 after a ten-year drafting period. [3]
The Model Penal Code, which seeks to harmonize state criminal law statutes, is in effect a uniform act but it was developed by the American Law Institute and not the NCCUSL. Other model laws [ edit ]
The American Model Penal Code defines the purpose of criminal law as: to prevent any conduct that cause or may cause harm to people or society, to enact public order, to define what acts are criminal, to inform the public what acts constitute crimes, and to distinguish a minor from a serious offense. [2]
Prior to the promulgation of the Model Penal Code in 1962, the Field Penal Code was by far the most broadly influential attempt at codification of criminal law, but was severely flawed in that it actually continued many muddled common law concepts (like malice aforethought) when the point of codification was to clean up the common law. [1]
The ALI rule, or American Law Institute Model Penal Code rule, is a recommended rule for instructing juries how to find a defendant in a criminal trial is not guilty by reason of insanity.
The Model Penal Code §1.13(9) offers the following definition of the phrase "elements of an offense": (i) such conduct or (ii) such attendant circumstances or (iii) such a result of conduct as (a) is included in the description of the forbidden conduct in the definition of the offense; or (b) establishes the required kind of culpability; or
A 1960s-era proposal, the Model Penal Code, invited states to adopt a standard where an element of a crime could be established, even though: The offender caused the intended harm, but to a different person or item than the one they intended; or
The elements constituting a crime vary between codes that draw on common law principles and those that draw from the Model Penal Code. For example, the mens rea required of murder in federal law under the United States Code is distinct from the mens rea of murder under the Texas Penal Code (which adopted the Model Penal Code in 1974 [39] [38]):