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Some major tendencies in the development of the American criminal law (sources and institutes of the teaching)
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Some major tendencies in the development of the American criminal law (sources and institutes of the teaching)
Annotation
PII
S1026-94520000617-6-1
Publication type
Article
Status
Published
Authors
Ivan Kozochkin 
Edition
Issue 11
Pages
65-81
Abstract
It is shown in the article that the tendency to reforming the criminal law in the US took a steady character, but the process is not yet completed. It is also shown the tendency to federalization of criminal legislation, which is criticized by many lawyers. In the realm of common law as a source of criminal law there are noted out two tendencies: the first is directed to abolishing of common law crimes, the second, if common law viewed in a broad meaning, - to preserving and probably increasing of its role in the regulation of criminal law relations. It is also broached a question of criminal law attitude to old (including medieval) common law doctrines and rules such as strict liability, conspiracy, malice aforethought and others concerning the notion of murder. There could be observed different tendencies, but some of them abolished in England, reveal a striking vitality in the US. Consideration of some main institutes of the teaching of crime makes it possible to come to following conclusions. Regulation of culpability owing to the Model penal code takes an advanced position in the contemporary criminal law. Suggested by the MPC "element analysis" - the novelty, which has no an analogue elsewhere. A notion of stages of crime is unknown to the American criminal law. But there are three independent crimes bearing a relation to preliminary criminal activity - solicitation, conspiracy and attempt. Law governing them reveals the tendency to increasing and widening the criminal repression. Especially is to be marked conspiracy for its broad definitions. The development of the law of complicity shows a considerable extension of its notion since for example it is possible to punish nonintentional participation as well as an attempt or argument to aid the perpetrator in the commission of an offense.
Keywords
common law, criminal code, federalization, strict liability, malice aforethought, felony, misdemeanor, culpability, solicitation, conspiracy, attempt, complicity
Date of publication
01.11.2011
Number of purchasers
1
Views
980
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0.0 (0 votes)
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Additional sources and materials

1. Primernyj ugolovnyj kodeks (SShA)). M., 1969. 
 
 2. Symposium: the 25 anniversary of the Model Penal Code // Rutgers law journal. V. 19. 1988. № 3. P. 887. 
 
 3. Criminal justice codification. Revision and reform Act of 1974. Vol. I. Title 18 - Federal code. W., 1975. P. 9. 
 
 4. The Michie Co. Charlottessville. Virginia, 1992. P. 30 
 
 5. Dressler J. Understanding criminal law. Matthew Bender & Co. Lexis Nekis, 2006. P. 648

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