MEMORANDUM FOR ADVISORY COMMITTEE . . . TO PREPARE A MODEL PENAL CODE 1 ([June 1951])

handle is hein.ali/mpc0680 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE
Memorandum for Advisory Committee on
Criminal Law
The Proposal to Prepare A Model Penal Code
For almost twenty years the Institute's agenda of unfin-
ished business has included a proposal to prepare a model penal
code. The project was advanced 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 A.B.A. Rep. vol. 56, p. 413). It was sup-
ported in December, 1934, after a year of study by an able
Advisory Committee whose report the Institute itself approved
(see the American Law Institute 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 th., problem, the treatment of youthful offenders over Juvenile
Court age. A satisfactory result within this narrow but important
area le4 naturally to revival of consideration of the larger under-
taking. Th model code p5oposal was accordingly renewed and the
requirements for its financing were ,submitted to the Rockefeller
Foundation.
The Foundation was apparently not satisfied upon a number
of the issues posed in making the substantial grant involved. Do
the fial problems lie in the realm of a more near.Cy 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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