Criticism
Advocates of the MPC stress that the law must be clearly defined to prevent arbitrary enforcement, or a chilling effect on a population that does not know what actions are punishable. This is known as the legality principle. However, critics say that the assumption that there are no possible legal systems between the extremes of "forbidden" and "allowed" is the central weakness of the MPC. British law, for example, assumes that a jury can decide what is "reasonable" both in the context of British law and social expectations as well as the specific accusation they are being asked to judge. Behavior may thus be deemed unlawful by a jury in cases where the MPC would require legislative change to produce a conviction.
Read more about this topic: Model Penal Code
Famous quotes containing the word criticism:
“It is ... pathetic to observe the complete lack of imagination on the part of certain employers and men and women of the upper-income levels, equally devoid of experience, equally glib with their criticism ... directed against workers, labor leaders, and other villains and personal devils who are the objects of their dart-throwing. Who doesn’t know the wealthy woman who fulminates against the “idle” workers who just won’t get out and hunt jobs?”
—Mary Barnett Gilson (1877–?)
“However intense my experience, I am conscious of the presence and criticism of a part of me, which, as it were, is not a part of me, but a spectator, sharing no experience, but taking note of it, and that is no more I than it is you. When the play, it may be the tragedy, of life is over, the spectator goes his way. It was a kind of fiction, a work of the imagination only, so far as he was concerned.”
—Henry David Thoreau (1817–1862)