Edward Livingston Code Of Crime
Edward Livingston first compiled American criminal codes, divided into four codes comprising all aspects of penal law. These were the Code of Crimes and Punishments, Code of Procedure, Code of Evidence, and Code of Reform and Prison Discipline. David Dudley Field later modified Livingston’s penal code by simplifying the legal practice by reducing the amount of time going through common law opinions. In 1962 the American Law Institute’s model penal code was published and possibly the most important influence on American criminal law. The various criminal codes enacted by the states with the purpose of improving and clarifying the law was standardized throughout many states now. (The American Model Penal Code) In 1972 The Law Enforcement
Assistance Administration gave the Arizona Legislature a grant to redo the criminal laws, some were still from territorial times. This was needed to modernize the statutes, reduce redundant coverage, standardize penalties for similar crimes, reduce special interest protections and adopt as statutory definitions the best conceptual thinking. In 1978 the Arizona Criminal Code was adopted. The Arizona Criminal Code Commission closely followed the model penal code, especially the definitions relating to the majority of substantive crimes. Arizona has only adopted part of the code. According to the model penal code relating to self-defense the terms “reasonable” or “unreasonable” are not included. It simply states an actor is permitted to use deadly force if he believes that the use of such force is “necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat.” (Model Penal Code § 3.04) According to the model penal code an acquittal will be rewarded on the grounds of self-defense if deadly force was used whether reasonable or not, as long as he thought it was necessary (Appellate highlights 2010).
The Arizona Revised Statute 13-404, is relating to Justification of self-defense. A person is justified in threatening or using physical force against another when a reasonable person in the same situation would believe it is necessary to use physical force to protect themselves against another’s threat or use of force. However, when verbally assaulted or provoked, physical force is not justified. While the general penal code there was no burden of proving reasonable or no, in Arizona one has to show that a reasonable person would act in the same way when it is related to physical force. "Arizona Revised Statutes."
The model penal code when relating to felony murder is it rejects that there are different degrees of murder. The model penal code ends the courts thought of it is felony murder if someone is killed in the commission of another crime. The state of Arizona has broadened the rule when relating to murder, while most states have limited it. In Arizona a felony murder, as first degree murder is subject to the death penalty if anyone involved in the crime, law enforcement or bystander is killed, even accidentally, during the commission of a criminal act that is a felony (ARS 13-1105). In State v. Lopez, police shot and killed Lopez’s accomplice and Lopez was charged with felony murder.
The model penal code has greatly influenced our criminal codes across the United States. Some states adopted the entire code, Arizona only adopted part of the code. The part that was not adopted still had some bearing on Arizona’s legislature’s decision on what to add and rewrite to fit the needs of Arizona. I found it interesting how lenient the model penal code is on murder, resulting in Arizona enacting their own criminal code for murder. I also found it interesting that in the model penal code for self-defense it did not matter if a reasonable person were in the same situation they would have to agree. I think the way Arizona uses “reasonable” is a great addition, otherwise everyone would just say self-defense and would get off.
Assistance Administration gave the Arizona Legislature a grant to redo the criminal laws, some were still from territorial times. This was needed to modernize the statutes, reduce redundant coverage, standardize penalties for similar crimes, reduce special interest protections and adopt as statutory definitions the best conceptual thinking. In 1978 the Arizona Criminal Code was adopted. The Arizona Criminal Code Commission closely followed the model penal code, especially the definitions relating to the majority of substantive crimes. Arizona has only adopted part of the code. According to the model penal code relating to self-defense the terms “reasonable” or “unreasonable” are not included. It simply states an actor is permitted to use deadly force if he believes that the use of such force is “necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat.” (Model Penal Code § 3.04) According to the model penal code an acquittal will be rewarded on the grounds of self-defense if deadly force was used whether reasonable or not, as long as he thought it was necessary (Appellate highlights 2010).
The Arizona Revised Statute 13-404, is relating to Justification of self-defense. A person is justified in threatening or using physical force against another when a reasonable person in the same situation would believe it is necessary to use physical force to protect themselves against another’s threat or use of force. However, when verbally assaulted or provoked, physical force is not justified. While the general penal code there was no burden of proving reasonable or no, in Arizona one has to show that a reasonable person would act in the same way when it is related to physical force. "Arizona Revised Statutes."
The model penal code when relating to felony murder is it rejects that there are different degrees of murder. The model penal code ends the courts thought of it is felony murder if someone is killed in the commission of another crime. The state of Arizona has broadened the rule when relating to murder, while most states have limited it. In Arizona a felony murder, as first degree murder is subject to the death penalty if anyone involved in the crime, law enforcement or bystander is killed, even accidentally, during the commission of a criminal act that is a felony (ARS 13-1105). In State v. Lopez, police shot and killed Lopez’s accomplice and Lopez was charged with felony murder.
The model penal code has greatly influenced our criminal codes across the United States. Some states adopted the entire code, Arizona only adopted part of the code. The part that was not adopted still had some bearing on Arizona’s legislature’s decision on what to add and rewrite to fit the needs of Arizona. I found it interesting how lenient the model penal code is on murder, resulting in Arizona enacting their own criminal code for murder. I also found it interesting that in the model penal code for self-defense it did not matter if a reasonable person were in the same situation they would have to agree. I think the way Arizona uses “reasonable” is a great addition, otherwise everyone would just say self-defense and would get off.