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The American Model Penal Code: A Brief Overview, Paul H. Robinson, Markus D. Dubber
The American Model Penal Code: A Brief Overview, Paul H. Robinson, Markus D. Dubber
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If there can be said to be an "American criminal code," the Model Penal Code is it. Nonetheless, there remains an enormous diversity among the fifty-two American penal codes, including some that have never adopted a modern code format or structure. Yet, even within the minority of states without a modern code, the Model Penal Code has great influence, as courts regularly rely upon it to fashion the law that the state's criminal code fails to provide. In this essay we provide a brief introduction to this historic document, its history and its content. Available for download at http://ssrn.com/abstract=661165
A Brief History Of Distinctions In Criminal Culpability, Paul H. Robinson
A Brief History Of Distinctions In Criminal Culpability, Paul H. Robinson
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The Model Penal Code identifies five levels of culpable states of mind significant to criminal liability. Professor Robinson reviews the evolution and refinement of those distinctions and considers current and future implications of viewing the Model Penal Code scheme as one stage in a continuing development.