Anaya Nolan
The Model Penal Code (MPC) and common law are two distinct legal systems with different approaches to criminal law. The MPC, published in 1962, is a comprehensive criminal code intended to standardize criminal laws across different jurisdictions in the United States. While it is not legally binding, it has significantly influenced the criminal justice system and served as a basis for criminal code reforms in many states. Common law, on the other hand, is an older legal system that relies on precedent and judicial decisions to establish rules and principles. Understanding the differences between the MPC and common law is crucial for legal practitioners, particularly when dealing with criminal cases. This introduction will delve into the key distinctions between these two legal systems and their implications for criminal law.
| Characteristics | Values |
|---|---|
| Knowledge | Common Law (CL) – knowledge may be enough. Model Penal Code (MPC) – knowledge is not enough |
| Object of agreement | CL – unlawful/wrongful. MPC – criminal |
| Agreement | CL – dual. MPC – unilateral |
| Mens rea | CL – lets defendant off if state cannot prove that there was another person with the requisite mens rea |
| Overt act requirements | Differ between CL and MPC |
| Pinkerton Doctrine | CL – most accept it. MPC – rejects it |
| Conspiracy | CL – conspirator can be not an accomplice. MPC – all members of a conspiracy can be held as accomplices of the crime and of any foreseeable result of it |
| Punishment | CL – some jurisdictions treat all conspiracies as misdemeanours, usually graded in relation to the target offence. MPC – heavier punishments |
| Purposefully/Knowingly | CL – intent. MPC – extreme recklessness |
| Defence | CL – objective reasonable belief rule. MPC – subjective belief, the belief need not be reasonable |
| Duty to retreat | CL – no duty to retreat from home, even from a co-dweller |
| Ignorance of criminal law | MPC – not considered a valid defence, unless certain conditions are met |
| Legality principle | MPC – advocates stress that the law must be clearly defined to prevent arbitrary enforcement |
| Abortion | MPC – used as a model for abortion law reform legislation enacted in 13 states from 1967 to 1972 |
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What You'll Learn
Knowledge requirements
CL's objective reasonable belief rule states that even if a belief is incorrect, it can still be used as a defence. Juries can consider prior experiences and physical characteristics, and some courts allow Battered Woman Syndrome as a defence. On the other hand, the MPC focuses on the defendant's subjective belief, which need not be reasonable. However, if the defendant's belief was negligently or recklessly formed, they can be held liable for reckless or negligent use of force.
In terms of punishment, the MPC imposes heavier sentences than CL. CL allows for conspirators to not be considered accomplices in jurisdictions that do not accept Pinkerton, while the MPC rejects the Pinkerton Doctrine. The Pinkerton Test states that all members of a conspiracy can be held as accomplices to the crime and any foreseeable results.
The MPC's legality principle states that the law must be clearly defined to prevent arbitrary enforcement and a chilling effect on those unaware of punishable actions. It assumes that there are only two possibilities: "forbidden" and "allowed", with no room for interpretation. This differs from British law, where juries can decide what is "reasonable" based on the law, social expectations, and the specific accusation.
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Object of agreement
The object of agreement is a key distinction between Common Law (CL) and the Model Penal Code (MPC). Under CL, the object of agreement need only be unlawful or wrongful. In contrast, the MPC requires that the object of agreement be criminal in nature. This means that under the MPC, any action not explicitly outlawed is deemed legal, following the principle that "that which is not forbidden is allowed". This is in contrast to systems such as those in Nazi Germany and the Soviet Union, where people could be punished for acts not specifically outlawed but similar to acts that were.
The MPC also differs from CL in its treatment of knowledge. Under the MPC, knowledge is not sufficient for a conviction, whereas under CL, knowledge may be enough. The MPC does not use the terms "intentional" or "willful" due to their complex interpretive history, instead defining these terms in a specific way. For example, "intentionally" means "purposely" and "willfully" means "with knowledge".
In terms of mens rea, or criminal intent, the MPC considers extreme recklessness as similar to CL's "depraved heart" killings. CL's first-degree murder includes certain types of homicide, such as lying in wait or by poison, or a willful, deliberate, and premeditated killing. All other forms are considered second-degree murder, with "depraved heart" usually falling under this category. When the MPC uses extreme recklessness as the mens rea, it is comparable to CL's definition of "depraved heart".
In terms of conspiracy and other inchoate crimes, the MPC will merge them, while CL treats them as separate offences. For example, conspiracy and attempt to commit the same murder will result in a single charge under the MPC, but two separate charges under CL.
Overall, while both CL and MPC have their own unique features, the MPC aims to provide a comprehensive criminal code that can be adapted by different jurisdictions, ensuring clearly defined laws that prevent arbitrary enforcement.
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Overt act requirements
The Model Penal Code (MPC) is a comprehensive criminal code meant to allow for similar laws to be passed in different jurisdictions. It is not legally binding, but it has influenced criminal codes in over two-thirds of US states. Under the MPC, crimes are defined in terms of a set of "elements of the offense", each of which must be proven beyond a reasonable doubt.
The MPC does not use the terms "intentional" or "willful" due to their complex interpretive history. Instead, it defines "intentionally" as "purposely" and "willfully" as "with knowledge". The MPC also specifies that ignorance of the criminal law is not a valid defense unless the legislature intended to make it so, the law was unknown to the actor and unpublished, or the actor was acting based on an official statement about the law.
In terms of overt act requirements, the MPC specifies that a person is not guilty of an offense unless their liability is based on conduct that includes a voluntary act or the omission of an act they are physically capable of performing. Bodily movement that is not a product of the actor's effort or determination, conscious or habitual, is not considered a voluntary act. Liability for an offense cannot be based on an omission unless the omission is expressly made sufficient by law or there is a legal duty to perform the omitted act.
In contrast, under common law (CL), knowledge may be enough for guilt, and the object of an agreement only needs to be unlawful or wrongful, rather than criminal as required by the MPC. CL also allows a defendant to be acquitted if the state cannot prove that there was another person with the requisite mens rea.
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Pinkerton Doctrine
The Pinkerton rule, or Pinkerton doctrine, is a legal concept in US law that imposes liability on an individual for a substantive crime they did not directly commit. It is based on the Supreme Court's ruling in Pinkerton v. United States in 1946, in which Walter and Daniel Pinkerton were charged with one count of conspiracy and ten substantive counts under the Internal Revenue Code. The main issue in the case was that there was no evidence that Daniel Pinkerton directly participated in the substantive offenses, although there was evidence that these offenses were committed by Walter Pinkerton in furtherance of the conspiracy between the brothers.
The Pinkerton rule stipulates that all members of a conspiracy are liable for the substantive crimes committed by their co-conspirators that are intended to further the conspiracy. A substantive crime is any criminal activity that furthers a conspiracy and may be unrelated to the original scheme. This rule of vicarious liability means that a person can be convicted of a crime even if they did not directly participate in committing the crime.
The Pinkerton rule is narrow in scope and only applies to conspiracies to commit offenses of the character described in the substantive charges. In contrast, aiding and abetting has a broader application and makes a defendant a principal when they consciously share in any criminal act, whether or not there is a conspiracy. The fact that a case could be submitted to a jury on either theory is irrelevant, and the proof and basis for the submission must be sufficient to support the verdict.
The penalties for substantive crimes based on the Pinkerton rule vary depending on the severity of the crime agreed to be committed by the members of the conspiracy and the jurisdiction of the trial. Conspiracy offenses can be charged as felonies or misdemeanours, with the corresponding penalties for each. A conviction under the Pinkerton rule can also have adverse consequences beyond legal penalties, including job loss, a ruined reputation, and difficulty finding housing.
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Mens rea
The Model Penal Code (MPC) outlines four levels of mens rea: purpose (or intent), knowledge, recklessness, and negligence. The MPC simplifies the common law approach, which used a variety of terms to describe mens rea, such as "malice". The four levels of mens rea are also organised hierarchically, with negligence as the lowest mental state and purpose as the highest. This means that a person acting with purpose will also be acting with knowledge, recklessness, and negligence.
Purpose means a person intends for a certain result to follow from their actions. Knowledge means a person is aware that their conduct will result in certain consequences. Recklessness means a person is aware of a substantial risk that their actions will result in a certain outcome, but they are not certain that this outcome will occur. Negligence means a person should have been aware of a substantial and unjustifiable risk that their actions would result in a certain consequence, but they were not aware.
The levels of mens rea and the distinction between them vary among jurisdictions. Some states have expanded from the MPC classification to include a fifth state of mind: strict liability. Strict liability crimes do not require a guilty state of mind, and the mere fact that a defendant committed the crime may be sufficient for conviction.
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Frequently asked questions
The MPC is a comprehensive criminal code that serves as a basis for the replacement of existing criminal codes in over two-thirds of US states. It is not a legally binding law, but it has greatly influenced criminal courts and judges increasingly use it as a source of the doctrines and principles underlying criminal liability.
One key difference is that MPC is unilateral, whereas CL is dual agreement. CL may consider knowledge as enough, whereas MPC requires an overt act. MPC has heavier punishments and does not accept the Pinkerton Doctrine. CL allows for conspiracies and inchoate crimes to be separate, whereas MPC merges them.
MPC defines crimes in terms of a set of "elements of the offense", each of which must be proven beyond a reasonable doubt. There are three types of elements: the nature of the prohibited conduct, the required kind of culpability, and any required result.
The Legality Principle states that the law must be clearly defined to prevent arbitrary enforcement or a chilling effect on a population that does not know what actions are punishable. This means that any action not explicitly outlawed is legal, following the saying, "that which is not forbidden is allowed".
