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THE PROPOSAL TO PREPARE A MODEL PENAL CODE 1 (June 1951)

handle is hein.ali/mpc0004 and id is 1 raw text is: JUN - -1951- THE AMERICAN LAW INSTITUTE Memorandum fM- AvisorZ Coinittee M Criminal Law The Proposal to Prepare A Nodel Penal Code For almost twenty years the- InstituteIs agenda -of unf in- ished business has included -proposal to prepare a model penal code. The project was advatoed in 1931 by a Joint Committee on Improvement of Criminal Justice composed of representatives of the American Bar Association, the American Law School Association and the Institute, with the endorsement of the Bar Association and- the Schools (see AB.A. Rep. vol. 56, p. 413). It was sap- ported In December, 1934, after a year of study-by an able Advisory Committee whose report the' Institute itself approved:- (see the American Law Znstltute Reports: in Relation to Future Work of the Institute [1935)). Funds for the project had: not been provided; when the chance arose to grapple with one aspect of the problem, the treatment of youthful offenders over Juvenile Court age. A satisfactory result within this na:.,row but important area led naturally to revival of consIderattor'. of -the larger -under- taking. The model -code proposal was accordingly renewed and the requirements for its financing were submitted to the Rockefeller Toundation_. The Foundation was apparently not satigried upon a number cf the issues posed in making the substantial grant involved. Do the real problems lle -in the rea.m- of a more nearly adequate law- to which a model -code would contribute :or do they lie in the questions that still have to be answered more adequately in the behaviorist sciences? Would a model code written at once -1-

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