An Introduction to the Model Penal Code (2nd edition)

ISBN : 9780190243050

Markus D. Dubber
248 ページ
141 x 209 mm

In this second edition of his well-received introductory overview of the Model Penal Code, Markus Dubber retains the book's original aim to serve as an accessible companion to the Code. Professor Dubber unlocks the Model Penal Code's potential as a key to the study of American criminal law for law students and teachers, and for anyone else with an interest in understanding the basic contours of American criminal law. While the book's general goal and basic approach remain unchanged, its content has been thoroughly revised. Citations to primary and secondary materials have been updated and supplemented where appropriate. The American Law Institute's ongoing revision of the Code's sentencing and sexual offense provisions has been taken into account. Also, the comparative analysis found sporadically throughout the original edition has been expanded in places to provide additional context.


1 A Key to the Model Penal Code and to American Criminal Law
2 Origins: The ALI, Legal Process, and Treatmentism
2.1 Criminal Propensities
2.2 The Model Penal and Correctional Code
2.3 The Structure of the Model Penal Code
3 The Model Penal Code in a Nutshell: Section 1.02
3.1 The Prerequisites of Criminal Liability: Of Crimes and Criminals
3.2 The Analysis of Criminal Liability: Three Levels of Inquiry
Chapter 1: Criminal Conduct
4 "Conduct"
4.1 Actus Reus
(A) Act
(B) Voluntariness
(C) Omission
(D) Possession
4.2 Mens Rea and Offense Elements
(A) Element Types
(B) The Mens Rea Requirement
(C) Rules of Interpretation
(D) Modes of Culpability
(E) Matching Conduct to Offense
4.3 Intoxication and Mistake
(A) Intoxication
(B) Mistake
4.4 Liability for Another's Conduct
(A) Instruments
(B) Complicity
(C) Corporations
5 "That Inflicts or Threatens"
5.1 Causation
5.2 Inchoate Offenses
(A) Attempt
(B) Conspiracy
(C) Solicitation
(D) Renunciation
6 "Substantial Harm to Individual or Public Interests"
6.1 Substantial Harm
6.2 Individual or Public Interests
Chapter 2: Justification
7 Defenses in General
8 Necessity
9 Defense of Persons (Self and Others) and of Property
9.1 Self-Defense
(A) Use of Force Upon or Toward Another Person
(B) Belief
(C) Necessity
(D) Unlawfulness
(E) Immediacy and Protection
(F) Self- and Other-Defense
9.2 Defense of Property
9.3 Deadly Force
10 Law Enforcement
11 Consent
Chapter 3: Excuse
12 Excuses in the Model Penal Code
13 Duress
14 Entrapment
15 Ignorance of Law
16 Provocation and Diminished Capacity
17 Insanity and Infancy
18 Analysis of Criminal Liability
Table of Cases
Table of Model Penal Code Sections and Statutes


Markus D. Dubber (B.A. Harvard, J.D. Stanford) is a Professor of Law at the University of Toronto, and formerly a Professor of Law and Director of the Buffalo Criminal Law Center, SUNY Buffalo School of Law. Dubber is a leading expert on criminal law who has published fifteen books and over seventy articles on all aspects of criminal law; his publications include, among others, American Criminal Law: Cases, Statutes, and Comments (with Mark Kelman), New York Criminal Law: Cases and Materials, and Victims in the War on Crime: The Use and Abuse of Victims' Rights, as well as The Oxford Handbook of Criminal Law (with Tatjana Hornle, Oxford, 2014), and Foundational Texts in Modern Criminal Law (Oxford, 2014).