Document Type

Working Paper

Publication Date

9-20-2005

SSRN Discipline

Legal Scholarship Network; Criminal Law & Procedure eJournals; Law School Research Papers - Legal Studies; LSN Subject Matter eJournals; Law School Research Papers - Public Law & Legal Theory

Abstract

On January 1 2005 the Alabama Criminal Code passed its 25year mark The Code substantially and extensively changed the criminal law landscape in Alabama It establishes general principles and provisions applicable to the entire range of crimes uses common definitions simplifies crimes and defenses organizes related crimes into groups and provides consistency and proportionality The Code makes the law simpler clearer more rational more uniform and more assessableThe Code was intended to be and is the primary definitive source for crimes and their definitions in Alabama but because the Code itself recognizes that other statutes or ordinances may establish or define crimes it is not the exclusive source for crimes Moreover although the Code addresses and defines most criminal defenses it does not preclude the possibility of a lingering common law defenseThis article surveys the first 25 years of the Alabama Criminal Code It discusses the evolution of the Code over the years and attempts to identify some areas which may merit reconsideration The aim of the article is not to criticize legislative or judicial choices or mire the reader down in lengthy policy debates pronouncing where the law should go Rather the article identifies and discusses several areas of the Code which through the clarity of hindsight and experience may be ineffective inefficient or at odds with the original aims of the Code The article also compares the development of Alabamas Criminal Code in certain areas with that of other statesThe article notes that the Alabama Criminal Code is a prodigious product but it was written in the late 1970s Times circumstances and needs change and the time is right to review the Code to ensure that it is current and responsive to the needs of Alabama

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