Not all the important turning points in America’s epic struggle over the death penalty get noticed immediately by the mass media and the public. A quiet blockbuster this year was the decision of the American Law Institute, a little-known but prestigious organization of lawyers and judges, to withdraw its approval for the standards created by the institute’s 1963 Model Penal Code to guide juries in the choice between long prison terms and execution.

Ordinarily, the decision of a non-governmental organization to reject a sentencing system it adopted in the early 1960s would richly deserve public obscurity. With states like New York and Massachusetts turning back efforts this decade to revive capital punishment, and with New Jersey and New Mexico abolishing their death penalties, why pay much attention to the American Law Institute? Because the institute has pulled the intellectual rug out from under the current system of deciding between life and death in 30 death-penalty states.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]