Monday, December 7, 2009

Death Penalty - ALI Withdraws Model Penal Code 210.6

What does the death penalty have to do with white collar crime?  Perhaps the most obvious item to those who practice white collar criminal defense work, is that many white collar attorneys handle or assist on capital cases.  It therefore seems important to notice the white collar attorneys of a recent American Law Institute change.

On October 23, 2009, the ALI Council voted overwhelmingly, with some abstentions, to accept the resolution of the capital punishment matter as approved by the Institute’s membership at the 2009 Annual Meeting in May. The resolution adopted at the Annual Meeting and now accepted by the Council reads as follows:
 
“For reasons stated in Part V of the Council’s report to the membership, the Institute withdraws Section 210.6 of the Model Penal Code in light of the current intractable institutional and structural obstacles to ensuring a minimally adequate system for administering capital punishment.”

See here. Now I can't say I am unbiased in this matter, as the initial motion seeking abolishment of the death penalty by the ALI was brought by myself and Professor Roger Clark (Rutgers- Camden).

See also Franklin E. Zimring, Pulling the plug on capital punishment -The American Law Institute withdraws approval for standards it created, raising doubts about the legitimacy of execution

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2009/12/death-penalty-ali-withdraws-model-penal-code-2106.html

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