ALI Leaders to Consider Revised Model Penal Code

Source: ACSOL

The leadership of the American Law Institute is scheduled to consider during its meeting on January 20 and January 21 the revised model penal code approved overwhelmingly by its members in June 2021.  The revised model penal code includes recommendations that state penal codes be changed in a number of ways, including but not limited to, reducing the number of sex offenses that require registration, limiting registration to a maximum of 15 years, and making the registry available only to law enforcement.

After ALI members voted in favor of the revised model penal code, Attorneys General from 37 states formally objected to that code.  This coalition effort is being led by Attorneys General from Hawaii and Mississippi.

In a letter to the ALI, the Attorneys General urged ALI “to consider the danger the proposed changes would pose to the public, especially children.”  The letter also stated that the revised model penal code “fails to treat sex predators appropriately and would provide them more freedom to commit these heinous crimes.”  In addition, Attorney General Clare Connors of Hawaii stated that the revised model penal code “will both reverse the progress we have made to hold sex traffickers accountable and increase the harm to victims of theses offenses.  Laws that favor bad actors at the expense of victims must be soundly rejected.”

“Although ALI leaders are not bound by the opinions of the 37 Attorneys General, ALI leaders are expected to seriously consider their objections to the revised model penal code,” stated ACSOL Executive Director Janice Bellucci. “If ALI leaders reject the revised model penal code, it will be extremely difficult to convince any state to adopt that code.”

The 37 states represented in the coalition opposing the revised model penal code are Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Guam, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virgin Islands, Virginia and West Virginia.

 

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How about ALI request all involved to provide empirical evidence to dissuade them? All the comments against this are nothing more but political BS to earn votes.

Can I get a ELI5 on how something goes from ALI to eventual law? What is their roll in all this?

May be best to just relocate to a civilized country (which I may consider doing after my elderly parents are deceased).

@Janice

What can we, the masses in this and other forums like this, do then to help persuade those who are considering this to approve and accept them? Letter campaign? Email campaign? A mass signed email or letter to them from those here and in other forums like this with signatures by those in academia who have studied this topic?

I would not think the thinking of 37 AGs is going to outweigh those legal professionals who put these recommendations together because in the end, they are all legal professionals, where some are elected to higher officer and others are still in the trenches. However, what can we do to overcome the 37 AGs letter to tip the scale in our favor?

Is there a call to action that can happen or do we just idly sit and wait for their action?

Why doesn’t the aclu of each state file a suit against their AG to show empirical evidence?

Considering this penal code out in California and other states and this registry that was brought to ones attention, I have to say government has started a fire and even government is mixed on this. Basically a commonwealth is for the people. This sex registry with all its bells and whistles is a vain slick-willy justice effort via computer inducement or a he said she said affair. If you think government is for justice think again in this forced to registry ordeal.

I know you all have said its about money and I’ve even said that and thought that myself but its about justice. While I like Janices forum over the other forms we all need to come together on this. I hope that’s not being biased. Sure many can be railroaded just like this black man in the article and yes my dad was on the jury and was working at a bank during that time. So if Janices posts this I hope it gives some insight into today’s ordeal that many face with this type of demeaning and degraded type justice we all face today.

https://www.register-herald.com/news/crime/mamie-thurman-murder-still-surrounded-by-mystery/article_1ac93eb6-6ca5-53eb-91f2-f84c2d1f9ef8.html

I’m sorry but you hold sex traffickers accountable by making appropriate sentencing decision when you pass the law. The registry is supposed to be about public safety (i.e., the person is a danger to society).

More and more government keeps repeating key words in their statements that point back to the crime, and accountability (punishment), instead of the public safety aspect. Their punitive intent is literally oozing out and can no longer be contained. Read any local news forum and many citizens believe the registry is part of the sentence for the crime. It’s ludicrous that they even attempt, still, to say its all non-punitive.

Janice,

Thanks for this valuable information.

You replied to Curiosity Reader by saying: “…in order to ensure an ALI recommendation is adopted usually requires a lot of lobbying at both the state and federal levels”.

I would like to be apprised as to the scope and nature of lobbying efforts (if any) that our organization (ACSOL) has undertaken, either unilaterally or in concert with other similar organizations. in respect to ALI and this proposed recommendation. I would also be interested in any lobbying efforts by ANY organization such as ACSOL. Who’s been fighting this fight?

Thanking you for all you do. SG

Many can see much of this registry doesn’t make since and doesn’t fit the mold. I know sometimes in life some do have to take the bitter with the sweet. The murder of much of this registry is entangled with a bitter pride in this government ordeals that is unorthodox in many ways. So whats best for the people today…. Truth in government in all three branches of government. Yes I suppose one can lobby away justice in many ordeals but positive change to help those on the registry is always good.

Hey one could talk about gun control which is big in VA and other area’s but this registry is to many is a dead-weight in and of itself. No true government would put up with this registry that inflames with this so called punitive means and measure.

Yes a murder is bad enough but inducing whether electronically or catching one in the act are two different variables. Sure I’ve made a lot of mistakes in my life so who’s robbing who in this public safety measure today.

I just would like to know how my having a dignified life takes away from the rights of victims? How does my ability to have a job, start a family, take away from the rights of victims? I’d really be interested to hear one of these AGs articulate what specific right of a victim is being taken away, aside from this apparent, unsaid right they have to punish us ab aeternum.

Last edited 2 years ago by Mickey Mouse

That’s a lot of states opposing the proposed changes. The politics of this policy realm are pure poison, we see again. Reps and Dems both are objecting to the changes. I’m so glad a body like the ALI exists to counter the raw blood-politics at play. I imagine the model code changes will be watered down, but we’ll still see some progress.

I don’t care if 37 state’s adopt it or not , if only 7 or 8 adopt it that could be 1000’s off pronto , and a places we can go to become free , let the 37 states grand stand on being tough of RC’s , and see how the voting goes / and let them suckers pay for the lame registry , its plain to see that ALI are looking at facts as well as constitutional issues , its getting very old using the registry as a way to gain political footing rather than real issues , its like bake in the early 1800’s when they would run telling everyone they would create rain and more hangings so people could have more picnic’s . we have become a bargaining tool , the very idea they call them self a coalition is funny , they might have to work on something real to run for office rather than the same old fear based crap , for 30 years I have been saying they need to spread their hustle . I know my family is sick of this, just like I know many of yours are , we just want to move on and do some healing our selfs ,

Hopefully ALI puts a bullet in the 37 AG’s opposition. Are they scared of facts or their stock portfolios taken a hit. Never thought I see human beings lives as a commodity and I thought slavery was outlawed.

Point of order: I don’t believe Guam or the Virgin Islands are States (yet). Also, that list is only 35 jurisdictions.

That all said, hopefully the cooler, rational, sane heads that “overwhelmingly” voted for the change stick to their guns. That is was an apparent landslide indicates there are many out there who see needed change. It’s only the political hacks who wish to get reelected that are against it.

Today is the 2nd date of ALI’s conference where they were to discuss any revisions to their model penal code in response from 37 Attorney Generals opposition. Any news on the outcomes or discussions?

Was there a vote on adopting the the model penal code?