Chapter

Drafting a Code of Adjudication

Paul H. Robinson

in Structure and Function in Criminal Law

Published in print September 1997 | ISBN: 9780198258865
Published online March 2012 | e-ISBN: 9780191681875 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198258865.003.0011

Series: Oxford Monographs on Criminal Law and Justice

Drafting a Code of Adjudication

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This chapter describes drafting a code of adjudication. How can one best draft a code that clearly articulates the subtle distinctions in the complex adjudication decision concerning how much liability ought to be imposed, if any? Five drafting principles are explained. A code of adjudication is most helpful if it includes all rules relevant to the liability decision, and as many rules relevant to the grading decision as feasible. In addition, it explores the drafting advantages of using general principles when possible, rather than introducing a distinct rule for each factual context. An example is the use of a general principle of adjustment for culpability level rather than the practice of modern codes of defining special culpability requirements for each offence. One final proposal covers the problem of ambiguous jury acquittals and their destructive effect on criminal justice.

Keywords: code of adjudication; drafting principles; criminal justice; liability; culpability

Chapter.  6056 words. 

Subjects: Criminal Law

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