Model Penal Code Essay

After legal challenges began on behalf of defendants disputing the constitutionality of the Sentencing Reform Act and the Guidelines, the Commission was given the task of monitoring the effects of federal sentencing practices and revising amendments to the Guidelines if problems arose for congressional approval. In 1990, Congress directed the Commission to respond to a series of questions raised in regards to the Guidelines, the effects of mandatory minimums and options and options for Congress to exercise its legislative power in statutory directive and organization (1991 U.S.S.C. Report). The 1991 report was a “preliminary assessment of short-tem effects” of the Guidelines on federal sentencing practice (1991 U.S.S.C. Report). The report conducted empirical research study requested by Congress to “assess the effect of mandatory minimum sentencing provisions on the eliminating unwarranted sentencing disparity as well as description of the interaction between mandatory minimum sentencing provisions and plea agreements” (1991 U.S.S.C. Report).

In chapter 3 Lawrence explain how punishing should be delivering by the level of culpability in the Model Penal Code by mens rea. The requisite of mens rea for the parallel crime will generally be recklessness, knowledge or purpose. In the recklessness, the actor situation plays an important role at the time of his actions. He didn’t plan a deviant behavior, but circumstances lead him to commit deviant behavior. In the knowledge or purpose, perpetrators actions are plan and conscious desire to achieve the criminal behavior. A person acts knowingly his the consequences of his actions and the level of harm. Lawrence argues that intentional murderer should get stronger punishment than negligent killer because the level of culpability. A murderer

In 1968 a scholar well versed in the legal system by the name of Herbert Packer wrote a book entitled, The Limits of the Criminal Sanction detailing two types of criminal justice models. These models view the criminal justice process on completing different ends of the spectrum and have some major differences in the two. The models are called crime control and due process, the first major difference in the two is based on the majority of political ruling at the time and as to which model is adhered to more closely. The crime control model tends to utilize traditional conservative views whereas the due process model embodies traditional liberal views over the years the shift of models has changed with the changing of majority leadership of

George, C., & Smith, C. (2004). The American System of Criminal Justice (10 ed.). Belmont: Thompson Learning, Inc.

In today’s society crimes in the United State are growing each day, and the major aspect of the U.S criminal justice system is the punishment imposed on those who committed crimes in our communities. One method of sentencing criminals was the establishment of the mandatory minimum sentencing. During the early days of the republic, specific sentences were carried out for certain crime and early mandatory sentences the forms of punishment used at the time stretched from ducking stools/cucking stools for disorderly women and dishonest tradesmen in England, Soctland to hanging for convicted murderers. However, in recent years, evidence gathered have shown that the federal mandatory minimum sentencing were not in effect for reaching the goals of the criminal justice system. Chief Justice William Rehnquist has previously stated that “these statutes are “perhaps a good example of the law of unintended consequences. This essay will discuss the history, goals, benefits, and negatives of the American Judicial Systems Mandatory Sentencing.

The concept of mandatory sentencing is a relatively new idea in the legal field. It was first introduced in 1951 with the Boggs Act, and it made simple marijuana possession a minimum of two to ten years with a $20,000 fine. This was eventually repealed by Congress in 1970, but mandatory sentences came back with the passage of the Anti-Drug Abuse Act of 1986. Since then, the scope and presence of mandatory sentencing has only grown, especially mandatory sentences for drug related offenses. Recently, there has been a growing concern over the use and implementation of mandatory minimum sentencing, with many believing it reduces a judge’s ability to give out a sentence that they feel accordingly fits the crime. Many advocates for mandatory

First the consensus model will be discussed in regards to the origin of criminal law. The consensus model assumes that all components of the system are working in harmony to produce justice. According to Lawrence W. Sherman the consensus model assumes more equality and appears to be a much better fit to the new political culture. He also states that building trust in the system one case at a time. Issues such as the unfair penalties of perceived crimes such as crack cocaine versus powder cocaine arrests are talked about. The author

Sentencing models are plans or strategies developed for imposing punishment for crimes committed. During the 19th century these punishments were normally probation, fines and flat sentences. When someone was given a flat sentence, he or she had to serve the entire sentence without parole or early release. However, by the end of the 19th century the new models were developed. These new models include indeterminate, determinate, advisory/voluntary guidelines, presumptive and mandatory minimum sentencing (Schmalleger & Smykla, 2011).

The criminal justice system is an essential aspect of American society as well as the Constitution and the Bill of Rights. The purpose of laws is to protect society from harm, ensure everyone’s safety, and equally treated. The criminal justice system works to protect the innocent and punish the guilty without violating the rights the criminal suspect to avoid any injustices. As society evolves the criminal justice system needs to evolve so it is important to create new laws to keep up with the evolution and new trends. As new trends and contemporary issues develop in society, they can have a direct impact on the different functions of the criminal justice

Within the past decades, there has been a noticeable increase in the number of heinous crimes committed, causing some of the laws to significantly change. During the 1970s, some dramatic changes occurred when laws shifted from one extreme to another: rehabilitation to retribution. Such circumstances created an additional emphasis on the offense rather than on the offender. During the 1980s, the “get-tough-on-crime” era began; thus, radical changes in laws continued up until the late 1990s. Throughout the period of the Industrial Society, the United States had two bipolar types of punishment: harsh and lenient. Today, the main focus of the Criminal Justice System is about retribution and punishment.

In all criminal offences, a defendant can be convicted only if the proof of both “Actus Reus” and “Mens Rea” exists. The meaning of those two Latin phrases are “guilty act” and “guilty mind” respectively. Regarding the criminal offence of murder, an unlawful act which caused a human being’s death is sufficed to prove Actus Reus. Thus, the doctrine of causation must be proved, in other words, the victim’s death must be caused by the defendant’s unlawful act. Also, in murder cases, as suggested in the case of R v Moloney (1985) AC 905 and clarified in R v Vickers (1957) 2 QB 664, the Mens Rea will be established only if intention to kill or to cause grievous bodily harm can be proved.

These fluctuations in criminal justice policies are not just in local governing bodies; these changes are an effort to adapt to a new technologically based modern age, and that goal of adaptation radiates to all ends of the earth, thereby having a global reach. As all societies, and populations of people alter and change, and belief systems ebb and flow, the rules and laws that govern such people must change with them. It is imperative that a governing system stay current, for without an ever-changing system of behavioral structure then those societies race faster toward

Other then Actus Reus, Mens rea refers to the mental aspect of crime, it even translates to „“Guilty Mind“.Mens rea states that a person is not necessarily guilty unless their minds are guilty as well.

Bentham, J. (1789). Punishment and deterrence. In A. von Hirsch & A. Ashworth (Eds., 1998), Principled sentencing: readings on theory and policy (2nd ed.). 53-57. Oxford: Hart Publishing.

Criminal Law is a fascinating profession that has a profound impact on all Americans, especially focused in American Justice system. Criminal law is the body of law that deals with a type of crime that has inception, trials, and punishment. When disobeying the law one will have many consequences and should know the risks of violating such laws. On the other hand, majoring in criminal law shows the importance to why crimes are wrong and why it is such an important topic to study. Getting involved in criminal law can lead to many successful careers. Many intriguing cases need to be dealt with criminal law, and have important meaning to society.