The Model Penal Code (MPC)

In 1963, the Model Penal Code (MPC) formed a way to standardize and organize criminal codes enacted by the states. Judges often rely on the MPC when handling criminal law decisions (Model Penal Code, n.d.).

Murder should include the elements of purposely, knowingly, or recklessly under circumstances showing extreme indifference to the value of human life (Brody & Acker, 2010).

Under MPC/State Statutes, Murder must have the element of willful, deliberate, and premeditated killing (Criminal Law Outline – Homicide, 2009). The MPC provides that a person is guilty of criminal homicide if they take the life of another person being purposely, knowingly, recklessly, or negligently. MPC divides criminal homicide into three rather than two offenses: murder, manslaughter, and negligent homicide. Under MPC there must be extreme mental or emotional disturbance.

Murder must include the elements of:

a. Purposefully or knowingly; this differs from willingly – MPC did away with malice (Dressler, 2015).

b. Recklessly manifesting extreme indifference to human life; depraved

During a felony; recklessness of act presumed if engaged in commission of robbery, rape, arson, burglary, kidnapping, felonious escape, but felony murder is not adopted (Dressler, 2015).

Reference

Brody, D., & Acker, J. (2010). Criminal Law (2nd ed.). Burlington, MA: Jones & Bartlett.

Retrieved from: https://www.betheluniversityonline.net/mscj/default.aspx?SectionID =2522&tabid=149#2

Criminal Law Outline – Homicide. (2009). Onelbriefs.com. Retrieved September 10, 2017 from: http://www.onelbriefs.com/outlines/crim/homicide.htm

Dressler, J. (2015). Criminal Law, 3rd Edition. Retrieved September 14, 2017 from: file:///C:/Users/HP/AppData/Local/Microsoft/Windows/INetCache/IE/S4ENAXK4/Dress ler_CrimLaw_BLO_3d_LSE%20(2).pdf

Model Penal Code. (n.d.). West’s Encyclopedia of American Law, edition 2. (2008). Retrieved

September 9, 2017 from: http://legal-dictionary.thefreedictionary.com/ Model+Penal+