The Model Penal Code: Is It Like a Classic Movie in Need of a Remake?

Once upon a time, before 1962, state criminal codes were in disastrous condition.Indeed, it is probably overly generous to characterize the statutory systems then in place as "codes," at least if one assumes that, at a minimum, a criminal code should set out with reasonable clarity all of the criminal offenses recognized in the jurisdiction, define critical statutory terms, avoid overlapping and contradictory statutory provisions, set out a comprehensive system of defenses and rules of accountability, and provide a rational and just sentencing system.'In short, what existed in 1962 was "a substantive criminal law that was often archaic, inconsistent, unfair, and unprincipled.' , 2