NCJ Number
52828
Journal
Creighton Law Review Volume: 11 Issue: 1 Dated: (OCTOBER 1977) Pages: 78-93
Date Published
1978
Length
16 pages
Annotation
THE HISTORY AND LEGISLATIVE BACKGROUND OF CRIMINAL CODE REVISION IN NEBRASKA ARE REVIEWED, THE STRUCTURE OF THE REVISED CODE IS OUTLINED, AND MAJOR CHANGES INCORPORATED IN THE NEW CODE ARE SUMMARIZED.
Abstract
REALIZING THAT MANY OF THE PROVISIONS OF NEBRASKA'S CRIMINAL CODE HAD BECOME OBSOLETE, REDUNDANT, INCONSISTENT, AND VAGUE SINCE THE CODE WAS LAST REVISED IN 1875, NEBRASKA LEGISLATORS INITIATED A MAJOR REVISION EFFORT IN 1969. THE EFFORT CULMINATED IN PASSAGE OF A 767-PAGE REVISED CRIMINAL CODE ON JUNE 1, 1977. THE NEW CODE ESTABLISHES THE FOLLOWING OBJECTIVES: TO CONSOLIDATE, SIMPLIFY, AND CLARIFY THE LAW; TO IDENTIFY AND PROSCRIBE ALL SIGNIFICANTLY HARMFUL CRIMINAL CONDUCT AS PRECISELY AS POSSIBLE; TO GRADE OFFENSES RATIONALLY, ACCORDING TO THE HARM THEY CAUSE OR THREATEN; TO COLLECT IN A SINGLE CODE ALL SIGNIFICANT PENAL LAWS; AND TO MODERNIZE THE CRIMINAL LAW. AN IMPORTANT FEATURE OF THE NEW CODE IS ITS CONSOLIDATION OF ALL MAJOR CRIMINAL OFFENSES AND SANCTIONS IN ONE CLASSIFICATION SYSTEM. THE INTEGRATED STRUCTURE WILL FACILITATE FUTURE REVISIONS AND WILL BENEFIT LAWYERS AND OTHERS WHO USE THE CODE. ALTHOUGH MANY CHANGES WERE MADE IN THE FORM OF THE CODE THROUGH DELETION OR REVISION OF OBSOLETE SECTIONS, NEBRASKA'S SUBSTANTIVE CRIMINAL LAW REMAINS UNCHANGED FOR THE MOST PART. THE MOST SIGNIFICANT REVISION WAS IN THE AREA OF PROPERTY CRIME. REASONS BEHIND NEBRASKA'S LIMITED USE OF THE MODEL PENAL CODE IN ITS REVISION EFFORTS ARE EXPLAINED. SUMMARIES OF THE REVISED CODE'S MAJOR SECTIONS AND OF THE OFFENSE CLASSIFICATION SYSTEM ARE PROVIDED. (LKM)