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National

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.

In this day and age of instantaneous information at one’s fingertips due to hyper technology, it should be easy to provide empirical evidence as well as decades long research for reproof.

Why is this important? Because the criminal justice system is supposed to be about justice, not rhetorical fear mongering unsubstantiated with true facts.

Unfortunately, as I have been beating the drum of late, it is not a justice system, but a legal system. Justice is subjective. A legal system is defined and should be based upon facts, even facts that take minimal keystrokes to find the data desired.

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

The revised model penal code, if passed, will be a recommendation to the federal government as well as to state governments. Because ALI has a very high reputation, its recommendations are often considered by those levels of government. Having said that, in order to ensure an ALI recommendation is adopted usually requires a lot of lobbying at both the state and federal levels. My concern is that if the ALI leadership does not approve what its members voted upon, the revised model penal code is DOA.

If ALI based their original recommendations on empirical evidence, why would they change their stance based on various peoples feelings? Since they’re not beholden to voters, I sure hope they just ignore all the crying and continue doing the right thing.

same here , brush fires of freedom all start with a spark , 37 state grand standing is all I see , but the chance of even a few states adopting this could free 1000’s and maybe even give people forced to register a place to go and become free of this punishment , how did it become mostly just a way to keep running for office anyway , fear sold by the news and LE , enough is enough

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

Sounds like we’re in a similar predicament, tied to the region by the responsibilities of caring for our elderly parents.
The notion of losing my marbles like my father is scary enough. That my kids would have to go through caring for me as a dementia patient/registrant turns my stomach.
Dad’s departure from this Earth will signal my departure from this country.

@Love

What is a civilized country in this day and age in your opinion? Given what the world is coming to when it is reviewed with current events, I have to wonder if there are truly a few remaining.

Last edited 17 days ago by TS

Good point TS. So maybe I should rephrase my statement to instead say a country that is smart on crime approach vs stupid on crime.

I am considering the same thing. I want to see what the new SORNA regs will do to me in Texas. If they tighten their grip on my neck, I will be surely leaving for Europe. It is sad that at 72 I might have to leave what is left of my family and try and start over. But, freedom seems to come at a great price.

@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?

Unfortunately, I don’t think the ALI leaders are interested in public opinion and therefore sending them letters, emails or any other form of communication will be useless.

I’d also then hope they’re not interested in opinions of politicians who I’m sure would fail presenting empirical evidence to back their claims of the sky falling.

I agree with @SR and hope the letter goes on deaf ears with the powers that be during this consideration, regardless if the author and signatories are ALI members or not (which to me would be an inside track of influence, but I don’t know the inner-workings of ALI).

Thanks @Janice for the candid response. We’ll just grab a seat and beverage to watch how this unfolds.

That may be true, Janice. Does that mean they are only interested in the opinions of the power elite, e.g. attorney’s general, politicians? I will send a letter to the same four ALI staff members who were addressed in the attorney generals’ letter. That letter was justified only with broad platitudes such as “public safety” or “protecting children” without demonstrating how any specific provision in the proposed MPC would compromise those essential objectives.

Attorneys general are an extremely partisan group whose career trajectories depend upon obtaining convictions, not on extracting justice nor even promoting the rule of law. Their letter asserted that the proposals would make it harder to obtain convictions. Perhaps it should be. The Bill of Rights is in place to protect citizens from prosecutors (the government), not to expedite convictions. “The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law.” This says nothing about making life easier for prosecutors, and is a far more noble objective than merely filling prisons.

Veritas.

@Janice why would ALI care about what people that never let go of power once they have it ? seems to me that the ALI would be happy to hear from the very people this affects , rather than the fear porn the politician are plainly selling . seems to me many of us also have fear we have to deal with , and how this affects our families our life’s years after we did our time and paper , a few states may just adopt ALI and could create an opening for 1000’s

@Janice:

While a writing campaign may be overkill–or even a nuisance, it seems to me that a few letters written from “competing voices,” including yourself, Janice, may be helpful. IDK that Joe Citizen can make a dent but perhaps those who fight–and sometimes beat–the rabid AGs can chime in. I have to wonder if a letter from you, Miriam Aukerman, Emily Horowitz, Wayne Logan, et. al., would carry some sort of weight. Just my $0.02.

If most (non-Soros) AGs DIDN’T oppose this, I’d be stunned. Their entire reason for existence is to oppose anything that takes the foot off the throat of any convicted class, not to mention PFR’s. They are elected officials who have to answer to voters, or risk seeing a ‘light on crime’ stance as being used against them at election time. Personally, I would love to eavesdrop on a closed door conversation with some of them just to see how much of this Kool-Aid they really drink, and how much of what they say is just pre-emptive damage control in anticipation of the next election.

My faith is in the ALI members who thought this through and are actually using some semblance of empirical thought. Hey, we gotta have faith, right?

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

I appreciate your optimism but want to temper it with reality. With only a few exceptions, ACLU has done very little to help registrants and their families.

@janice.

Ouch,

While I have your attention,
Can I hire you and chance to come to Michigan to represent the pre-1996ers
For the unconstitutional ex post facto and lack of due process leveed against us ?

The ACLU isn’t what it once was. You’ll see little RSO litigation from it.

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.

Exactly right.

The funniest thing about the Oppression Lists is that they killed all remorse I ever had for whatever I did. They can shove their “accountability” up their asses sideways. Today, I’ll make them pay for their harassment.

Government isn’t exactly filled with the sharpest tools in the toolbox; however they all act like their rockstars. Wouldn’t pay a penny to see them preform, but I’d pay to see them lose their jobs and land in a prison cell on corruption charges.

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

I apologize for not making a clear statement. The fact is there will be nothing to lobby in support of if the ALI leaders do not vote in favor of the revised model penal code. Only until that happens does it make sense to reach out to other organizations.

Janice,
Thanks for the clarification. It is appreciated.

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 16 days ago by Mickey Mouse

Just how asinine are these AG’s??
They won’t even let the victims be called survivors!!!

It does not take away but they fear it minimizes what they allegedly went through so they cannot truly capitalize on it for the rest of their days for sympathy, financial compensation, laying guilt, etc. Heaven forbid a survivor be held in the same light but with a stronger head, heart, and mind afterwards having done therapy, etc with the same concept applied to the person who allegedly perpetrated something and came through a better person. Keep the piling on is their mantra.

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?

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