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April 16, 2007

The on-going MPC sentencing project

A month from today at the American Law Institute's Annual Meeting, Tentative Draft No. 1 of the "Model Penal Code: Sentencing" project is up for approval.   As detailed here, work on this project began back in 1999 because of the need to update the MPC's approach to sentencing "in light of the many changes in sentencing philosophy and practice that have taken place in the more than 40 years since the Code was first developed."

The project's progress has been disrupted somewhat by the Blakely revolution, and the project's direction has been questioned by ALI member Michael Marcus, circuit-court judge for Multnomah County, Oregon.  As detailed in this statement, Judge Marcus proposes to make a number of motions critical of the draft in its present form.  The project's Reporter, Professor Kevin Reitz has this response.

The debate over the substance of the new MPC sentencing provisions is very interesting, but it is not clear that it is very important.  These days, there are no shortage of ideas for sounder sentencing reform; the real challenge, as California continues to demonstrate, is to be able to manage or alter the skewing influence of politics so that sounder sentencing reforms can be effectively exacted and implemented.

April 16, 2007 at 05:58 PM | Permalink

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