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Author Topic: What exactly am I doing with the Model Penal Code, and why?  (Read 966 times)

Adqueen

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Hello all, I am a freshly hatched 1L taking Criminal Law. It was making sense there for a while, but now I am truly confused. My professor is having us compare elements of statutes against the MPC definitions, in order to establish mens rea. I think. If the MPC is not law, then why are we doing this? I don't inderstand/know what the overarrching goal is here. Can anyone offer guidance?

lawgirl

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Re: What exactly am I doing with the Model Penal Code, and why?
« Reply #1 on: June 24, 2005, 02:00:56 PM »
Many states (I don't know how many) base their criminal laws on the MPC. They may base some of their statutes on the MPC entirely or not at all. Because many students will come to the law school from different states and then return, the MPC is something they are interested in teaching. You will also find the same thing when you take Professional Responsibility. The class will be centered around the Model Rules of Professional Conduct because many states use that to fashion their own rules.

lincolnsgrandson

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Re: What exactly am I doing with the Model Penal Code, and why?
« Reply #2 on: June 24, 2005, 02:04:28 PM »
Because that's what your professor wants.
Don't get caught up in whether you think it's a good way to teach criminal law.  Your professor is going to test you on the Model Penal Code, so suck in your frustration and just do it.

Adqueen

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Re: What exactly am I doing with the Model Penal Code, and why?
« Reply #3 on: June 24, 2005, 02:11:28 PM »
Because that's what your professor wants.
Don't get caught up in whether you think it's a good way to teach criminal law. Your professor is going to test you on the Model Penal Code, so suck in your frustration and just do it.
And a 'welcome to the message board' to you too.
I'm not suggesting it's a bad teaching method. In fact, I quite like my professor and so far it's been a fascinating, enjoyable class. But recently I've gotten confused. I just want to understand what I am studying, and I thought if I had a frame of reference, it would help me.

Adqueen

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Re: What exactly am I doing with the Model Penal Code, and why?
« Reply #4 on: June 24, 2005, 02:14:15 PM »
Many states (I don't know how many) base their criminal laws on the MPC. They may base some of their statutes on the MPC entirely or not at all. Because many students will come to the law school from different states and then return, the MPC is something they are interested in teaching. You will also find the same thing when you take Professional Responsibility. The class will be centered around the Model Rules of Professional Conduct because many states use that to fashion their own rules.
Thank you - that makes sense!
Soooo...if I can understand/apply what the MPC is defining, then I can better understand the intent of individual statutes?

lawgirl

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Re: What exactly am I doing with the Model Penal Code, and why?
« Reply #5 on: June 25, 2005, 08:26:49 AM »
Many states (I don't know how many) base their criminal laws on the MPC. They may base some of their statutes on the MPC entirely or not at all. Because many students will come to the law school from different states and then return, the MPC is something they are interested in teaching. You will also find the same thing when you take Professional Responsibility. The class will be centered around the Model Rules of Professional Conduct because many states use that to fashion their own rules.
Thank you - that makes sense!
Soooo...if I can understand/apply what the MPC is defining, then I can better understand the intent of individual statutes?

You are welcome. In general yes. Just realize that what you are studying now is whatever set of statutes the professor decided to present. Many state's statutes will be similar, but there will be subtle differences. However, in law school, they do have to choose one set of statutes to teach and because the Model Code is common to many states, that is probably why. When you return to your own state, you will need to understand how their statutes may differ.

Adqueen

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Re: What exactly am I doing with the Model Penal Code, and why?
« Reply #6 on: June 25, 2005, 11:54:08 AM »
Awesome. Thank you.