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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