Wednesday, June 12, 2013
Markus D. Dubber (University of Toronto - Faculty of Law) has posted The Model Penal Code, Legal Process, and the Alegitimacy of American Penality on SSRN. Here is the abstract:
The Model Penal Code, drafted under the auspices of Herbert Wechsler, is the most significant text in the history of American criminal law. Yet, in an important and revealing sense, it is not a foundational text in modern criminal law. What’s more, it is significant precisely because it is not foundational.
In this essay, I try to capture the significance of the Model Penal Code — or to call it by its full name, the Model Penal and Correctional Code — by explaining why it is not foundational.