NCJ Number
44686
Journal
Law and Contemporary Problems Volume: 41 Issue: 1 Dated: (WINTER 1977) Pages: 63-101
Date Published
1977
Length
39 pages
Annotation
AREAS OF CONTROVERSY IN THE REVISION OF STATE PENAL CODES AND RULES OF CRIMINAL PROCEDURE ARE DISCUSSED.
Abstract
PROBLEMS IN SUBSTANTIVE PENAL CODE REFORM RELATE TO CODE ORGANIZATION AND STRUCTURE, THE RELEVANCE OF MENTAL CONDITION (DEFINITIONS OF CULPABLE STATES OF MIND, THE DEFENSE OF MENTAL DISEASE AND DISORDER), DEFENSE TO OR JUSTIFICATIONS FOR ACTIVITIES OTHERWISE CRIMINAL, SEXUAL OFFENSES AND OFFENSES AGAINST THE FAMILY (RAPE, PROSTITUTION, ABORTION, BIGAMY, ADULTERY, INCEST), AND SENTENCING STRUCTURE. PROBLEM AREAS IN CRIMINAL PROCEDURE MODERNIZATION INCLUDE MODE OF REVISION, REGULATION OF INVESTIGATORY ACTIVITIES, DIVERSION, PRETRIAL RELEASE, SPEEDY PROCEEDINGS, DISCOVERY, GUILTY PLEAS, AND REVIEW PROCEDURES. IN ADDITION TO SUBSTANTIVE MATTERS, LAW REVISERS MUST ALSO CONSIDER THE PRACTICAL PROBLEMS OF PLACEMENT OF THE LAW REVISION FUNCTION, MODE OF ORGANIZATION, STAFFING, AND FINANCES. OTHER CONCERNS INCLUDE THE SCOPE OF COMMENTARIES TO AID JUDICIAL INTERPRETATION OF STATUTORY LANGUAGE AND THE EDUCATION OF CRIMINAL JUSTICE SYSTEM PROFESSIONALS AND THE PUBLIC ABOUT NEW LAWS AND RULES. MASSIVE REVISIONS OF CODES HAVE BEEN NECESSARY ONLY BECAUSE NO AGENCY HAS BEEN RESPONSIBLE FOR MONITORING STATUTES AND RULES. JURISDICTIONS SHOULD DEVELOP MACHINERY FOR REVIEWING LEGISLATIVE PROPOSALS TO DETERMINE WHETHER THEY ARE NEEDED TO CURE INADEQUACIES IN EXISTING LAW, WHETHER THEIR PENALTY PROVISIONS ARE CONSONANT WITH EXISTING PENAL CODE PATTERNS, WHETHER THEY FILL FUNCTIONAL GAPS IN THE LAW, AND WHETHER THEY ARE COMPATIBLE WITH CIVIL STATUTES AND RULES.