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May 17, 2009

Interesting sentencing doings at this week's ALI annual meeting

Pic_books As regular readers may know, The American Law Institute has been working on a revision of the sentencing provisions of the Model Penal Code for nearly a decade.  And, as detailed in this tentative agenda, this week's annual meeting of the ALI includes another presentation and discussion of a draft of the new proposed MPC sentencing provisions.  (Background on the ALI sentencing project can be accessed at this link.)

As the 2009 meeting agenda also shows, however, there is an even more notable sentencing item on the ALI's schedule: the presentation of a capital punishment report and a "vote on Council recommendation that ALI withdraw Model Penal Code § 210.6."   As MPC fans know, § 210.6 is the provision of the MPC that sets forth a whole bunch of rules for the administration of the death penalty.

Valuably, the ALI has made publicly available at this link its "Report of the Council to the Membership of The American Law Institute On the Matter of the Death Penalty."  This report is quite interesting for a variety of reasons, and I may comment on its substance in future posts.  For now, however, I want to set forth its trio of recommendations to the ALI membership:

A.  The Council recommends to the ALI membership that the Institute withdraw § 210.6 of the Model Penal Code. When a motion to that effect is presented at the 2009 Annual Meeting, the Council recommends that those present vote in favor.

B.  The Council further recommends that if a motion that the Institute endorse or oppose the abolition of capital punishment is presented for a vote at the 2009 Annual Meeting, the members present vote against that motion.

C.  The Council reports that there are no plans to begin an ALI project to draft language that would revise or replace § 210.6 or otherwise address the subject of capital punishment.

May 17, 2009 at 10:03 AM | Permalink


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ALI. Membership makes a convenient arrest list when it comes time to take out the lawyer hierarchy.

Any judge quoting any report is in insurrection against the Constitution. This is a parallel law making body, telling legislatures how to write laws, and telling judges what the law is. These are internal traitors.

If they are not law makers, they are guideline makers. They have a duty to do no harm. Any litigant injured by their carelessness should sue on behalf of a class. They should also sue the individual members, and their employers, for negligent hiring, and for failure to supervise. I would bet the employers have assets close to $trillion.

Good case for the right tort lawyer.

Posted by: Supremacy Claus | May 17, 2009 11:59:07 AM

The ALI is not a mere quasi-governmental organization. It is a supra-governmental organization. It tells legislatures and courts what to do. Most of its reporting is not reporting. It is the expression of the bias of the reporter, mostly Commie, left wing academic and judge wackos, rent seeking values, to generate massive procedures, to prevent the real punishment of criminals, to add inscrutability to the law, to do stealthy industrial policy to redistribute wealth from the productive to the lawyer, and to force people to hire a lawyer. Their reporting is full of concepts that cannot be shown to exist in nature. It is Medieval supernatural garbage.

Short of a tort action, it might be interesting to get an injunction to open comments on its horrible, criminal lover rules to the public, to crime victims, to the police that must live with its criminal lover, left wing academic, biased reporting.

Its membership and its advisory lists have no one outside the lawyer hierarchy. It is a convenient lawyer hierarchy arrest list. Until that day comes, they are relentless enemies to the public interest, and cannot be stopped.

Posted by: Supremacy Claus | May 17, 2009 5:46:04 PM

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