Sentencing questions raising constitutional concerns
We highlight cert petitions that ask the Supreme Court to consider, among other things, the use of acquitted conduct in sentencing decisions, when a sentencing court must consider a defendant’s juvenile status as a mitigating factor, and compassionate release under the First Step Act.
ELI Decennial Celebration
On June 1, the European Law Institute hosted its Decennial Celebration. Lance Liebman (former Director of The American Law Institute (ALI)), reminisced about guiding ELI to its establishment and the good working relationship of the ALI and ELI ever since.
An Overview of Tentative Draft No. 5 of the Model Penal Code: Sexual Assault and Related Offenses
Erin E. Murphy, Associate Reporter for Model Penal Code: Sexual Assault and Related Offenses, provides background and a short description of every provision in Tentative Draft No. 5.
U.S. Supreme Court Dissent Cites Restatements Third and Second of Torts
Dissenting Associate Justice Samuel Alito cites the Restatement Third of Torts: Liability for Economic Harm § 28 and Restatement Second of Torts § 876.
U.S. Supreme Court Cites Model Penal Code
In Borden v. United States, No. 19-5410 (June 10, 2021), the U.S. Supreme Court held that a criminal offense that requires only a mens rea of recklessness does not constitute a “violent felony” for purposes of an enhanced sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e).
Actions Taken at the 2021 Annual Meeting (June Session)
The second segment of this year’s virtual Annual Meeting adjourned this week. Below is a summary of the actions taken on June 7 and 8.
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources.