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Future of the Substantive Criminal Law Codification Movement -- Theoretical and Practical Concerns

NCJ Number
113869
Journal
Rutgers Law Journal Volume: 19 Issue: 3 Dated: (Spring 1988) Pages: 867-895
Author(s)
F J Remington
Date Published
1988
Length
29 pages
Annotation
While proponents argue that codification results in clarification of principle and policy, skeptics doubt whether codification results in greater effectiveness or fairness in the day-to-day administration of the criminal justice system.
Abstract
Unclear codification also creates problems in guilty plea practice. Codification carefully done decreases the necessity for appellate interpretation of substantive criminal law. Ambiguities in substantive criminal statutes often result when the antisocial behavior being forbidden is difficult to define and thus often creates difficulties for prosecutors. The American Law Institute should reexamine and update the substantive criminal law restatements as well as the Model Penal Code. Police authority to deal with a variety of community problems must be clarified. The Code should also be changed to reflect changed societal attitudes toward sexual assault and to define the function of administrative discretion. Sentencing should reflect a moderate view that does not rely too heavily on either rehabilitation or punishment. 135 footnotes.

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