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Model Penal Code 250.6
Two Rationales Of Model Penal Code
Model penal code
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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 …show more content…
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+
In the Model Penal Code, section 2.01 discussed are the requirements of voluntary act; Omission as Basis of Liability; and Possesion as an Act. Mainly focusing on the “Voluntary” and “Involunatary” sections, first, stated is that “A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable. Secondly, stated are acts that are not voluntary wihin the meaning of this section following as, “A reflex or convulsion; a bodily movement during unconsciousness or sleep; conduct during hypnosis or resulting from hypnotic suggestion; and a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual.” These requirements correspond with the Latin term “Actus Reus” which is a term used to describe a criminal act. Actus Reus is the wrongful dead that compromises the physical components of a crime. There is a fundamental principle stated in the case textbook that criminal liability always entails an “Actus Reus”, that is, “the commission of some voluntary act that is prohibited by law.”
Seigal, L. J., & Worrall, J. L. (2012). Introduction to criminal justice (13th ed.). Belmont, CA: Wadsworth.
In 2012, there were an estimated 14,827 murders and non-negligent manslaughter crimes reported by all agencies in the United States according to the Uniform Crime Report at the Federal Bureau of Investigation. Murder and non-negligent manslaughter are defined “as the willful (nonnegligent) killing of one human being by another.” A 1.1 percent increase occurred from 2011 to 2012. But it should be noted, this is a 9.9 percent drop from the figure for 2008 and a 10.3 percent decrease from the number of murders recorded in 2003. Of the murders that occurred in 2012, it is estimated that 43.6 percent were reported in the south, 21.0 percent were from the Midwest, 21.0 percent were accounted from the west, and 14.2 percent were from the northeast
Murder is still a crime, and there is a fine line between murder and a
Schmalleger, Frank, Criminal Justice A Brief Introduction, Upper Saddle River, NJ, Pearson Education Inc. , 2010, Page 387
Out of all of these models, I still believe the all around best one is the crime control model. Despite being more harsh and less specific to one idea, it’s still the most effective. The other two models are specific to the ideas that youths will get better by being labeled or being rehabilitated, the crime control model uses both ideas and deters juveniles from wanting to commit the crime. The threat of being a criminal or going to prison can have an impact on whether or not they commit the crime.
Wright, J. (2012). Introduction to criminal justice. (p. 9.1). San Diego: Bridgepoint Education, Inc. Retrieved from https://content.ashford.edu/books/AUCRJ201.12.1/sections/sec9.1
In the past two decades, major developments in guideline sentencing have taken place due to Judicial Discretion and Sentencing Disparities which led to dramatic changes by the U.S. Supreme Court in Federal guideline sentencing.
In some states, there is a schedule of degrees for burglary which determine the severity and sentencing of the crime. Offenses involving the use of weapons or injury to a person not involved in the burglary are examples of first-degree burglary. Third degree burglary is committed when the accused knowingly and unlawfully entered a structure with the intent to commit a
Schmalleger, F. (2009), Prentice Hall, Publication. Criminal Justice Today: An introductory Text for the 21st century
Journal of Contemporary Criminal Justice, 27, 343-360. http://ccj.sagepub.com.libaccess.lib.mcmaster.ca/content/27/3/342
Explain sentencing and the theories behind it. Include the sentencing models and how they are supposed to work.
Law Reform Commission (2001), Consultation Paper on Homicide: The mental element in murder. http://www.lawreform.ie/_fileupload/consultation%20papers/cpMentalElementinMurder.pdf. Accessed at 6/11/10.
There are 4 different degrees of murder. There is first degree murder, second degree murder, voluntary manslaughter and involuntary manslaughter. There are a lot of different names for these degrees of murder, such as felony murder and manslaughter. First degree murder is any intentional murder that is willful and premeditated with evil intentions planned in advance. Felony murder is a charge that can be filed against a defendant who is involved in a hazardous crime where a person(s) death results from the crime, is normally first-degree. Second degree murder is any intentional murder with revenge aforethought, but is not premeditated or planned.
Legal Information Institute. (2010, August 9). Retrieved February 17, 2012, from Cornell University Law School: http://www.law.cornell.edu/wex/criminal_law