Criminal Law

What Is the Model Penal Code?

Key Takeaways:

  • The Model Penal Code was developed by the American Law Institute, first published in 1962.
  • Many states rely on parts of the Model Penal Code for their state criminal codes.
  • The Model Penal Code standardized elements of a criminal offense, including the required mental state.

Criminal laws are different in every state. Different states have different language in their criminal codes, including different penalties. However, many states have based their criminal laws on the Model Penal Code. The Model Penal Code is a model for states to update their criminal laws based on those developed by legal scholars and attorneys.

Many states have updated their laws after the Model Penal Code, but there are still major criminal court differences between states. If you have questions about the criminal legal system in your state, talk to a local criminal defense lawyer for legal advice.

Who Developed the Model Penal Code?

The American Law Institute (ALI) developed the Model Penal Code (MPC). The initial codification was published in 1962, after years of drafting and input by criminal law scholars and legal professionals. The MPC project was meant to provide the best standardized rules for criminal courts in the United States.

After introducing the MPC, most U.S. states used the MPC to update their penal laws. New Jersey, New York, Oregon, and Pennsylvania have enacted almost all of the MPC code provisions. There are some areas where states have not adopted the MPC, including states using the felony murder rule.

There are four parts of the MPC, which include:

  • General principles of liability
  • Definitions of specific offenses
  • Provisions governing treatment and correction
  • Provisions governing the organization of corrections departments and divisions

The MPC also has commentaries to help explain complex legal issues.

How Does the Model Penal Code Work?

One of the benefits of the MPC is that it defines and lays out the elements of the offense. In criminal cases, the prosecutor has the burden of proof to show the defendant is guilty of all elements beyond a reasonable doubt. There are three kinds of elements — guilty conduct (actus reus), criminal intent (mens rea), and attendant circumstances.

The criminal intent for the level of culpability is based on the state of mind. The mens reaterm is Latin for “guilty mind.” For certain criminal offenses, the prosecutor has to prove the defendant had the required mental state, which includes committing a crime purposely, knowingly, recklessly, and negligently.

A defendant cannot be responsible for criminal conduct if they don’t have the mental state required. This can be seen under the insanity defense in the MPC. A person is not responsible for criminal conduct if they lack the substantial capacity to appreciate the wrongfulness of their conduct or to conform their conduct to the requirements of the law.

Penalties and Incarceration Under the MPC

The MPC also provides guidelines for sentencing, treatment, and corrections. The guidelines also standardize criminal penalties. The purposes of sentencing in the criminal justice system include:

  • Rendering sentencings that are proportionate to the offense
  • Achieving offender rehabilitation
  • Deterring the defendant and others
  • Incapacitating dangerous offenders
  • Providing restitution or justice to crime victims
  • Reintegrating offenders into the law-abiding community

Felonies are classified from first-degree to fifth-degree felonies. Misdemeanors are classified as either misdemeanors or petty misdemeanors. The possible penalties or authorized dispositions can include:

  • Probation
  • Sanctions and fines
  • Imprisonment
  • Post-release supervision
  • Unconditional discharge

The MPC also provides for deferred prosecution. Sometimes called deferred judgment, the defendant can avoid a criminal record by qualifying and completing specified conditions. Deferrals allow people to get rehabilitation and reintegrate back into the community.

What if State Laws Differ From the Model Penal Code?

It is up to the individual state legislatures to decide to change their criminal laws. Even though most states have used the MPC in their penal codes, state laws are still unique. You are bound by the criminal codes in the state where you are. If you travel to another state, you will have to follow that state’s laws. Ignorance of the law is not a legal defense.

How Can a Criminal Defense Attorney Help?

Criminal defense lawyers generally focus on the criminal codes in the state where they practice law. If you have questions about your specific crimes, a local criminal defense attorney can help. An attorney can review your case, explain your options, and defend you in court.

Your lawyer can explain the elements of the offense and build a defense to cast doubt on those elements. If the prosecutor cannot prove all elements beyond a reasonable doubt, the jury should find you not guilty. Your attorney may also be able to negotiate a deferral in your criminal case so you can avoid a criminal record.

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