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32 A.L.I. Rep. 1 (2009-2010)

handle is hein.ali/alireporter0032 and id is 1 raw text is: VOLUME 32 •NUMBER I FALL 2009 ished By The American Law Institute DEDICATED TO CLARIFYING AND IMPROVING THE LAW > The President's Letter Capital Punishment and Other Matters Last May at the Annual Meeting, after thoughtful debate our members voted in favor of an amendment to a recommenda- tion of the Council that § 210.6 of the Model Penal Code dealing with the death penalty be withdrawn. The exact language of the motion that passed, with some members abstaining, was: 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 ade- quate system for administering capital punishment. Inside... Wilson Minute in Remembrance page 4 New Project on Government Ethics page 5 Fall Meetings page 6 Notes About Members and Colleagues page 7 (The Council report, dated April 15, 2009, is accessible on the Institute's web- site at http://www.ali.org/doc/Capital%20 Punishment-web.pdf.) Because it was not the exact recommendation of the Council, At both the Council meeting and the earlier Program Committee meeting, the general discussion about § 210.6 led to a look at other sections of the Model Penal Code that also seem out of date and in ...the Institute withdraws Section 210.6 of the Model Penal Code in light of the current intractable institutional and structural obstacles to ensuring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. this motion did not become ALl policy but was referred back to the Council for its further deliberation and vote. At the October Council Meeting, a strong majority of the Council voted, with absten- tions, to accept the motion passed by the membership in May, and it now becomes ALl policy. As with the meeting of the members in May, the Council discussion was appropriately serious and substantive. need of revision. That certainly applies to the sections addressing the crime of rape and to the absence in the Code of crimes newly defined in the era of electronic com- munication. Given the Council's interest, the Director and the Program Committee agreed to consider other criminal-law top- ics suitable for the Institute's attention. Reporter Kevin Reitz is doing excellent work on the sentencing portions of the Model Penal Code. continued on page 3 Council Affirms Membership Vote to Withdraw Capital Punishment Section from Model Penal Code On October 23 the ALI Council voted to accept the resolution approved by the mem- bership at the 2009 Annual Meeting to withdraw § 210.6, dealing with capital punish- ment, from the Model Penal Code. (For more information, including the exact wording of the resolution, see also the President's Letter on page 1.) Having been approved by both the Institute's membership and its Council, this reso- lution is now the official position of The American Law Institute. The Council's vote brings to a conclusion more than two years of research, study, and discussion that began when Professors Roger S. Clark of Rutgers - Camden School of Law and Ellen S. Podgor of Stetson University College of Law moved at the 2007 Annual Meeting that the Institute take a position against the death penalty in connection with its work revis- ing the sentencing provisions of the Model Penal Code. continued on page 2

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