Don't Abandon the Model Penal Code Yet! Thinking Through Simons's Rethinking

Abstract

Criminal law theorists argue that culpability is a prerequisite for blameworthiness and responsibility. The definition above renders our endeavor circular. What does it mean to say someone is culpable? For some time, we thought we knew the answer to this question. Culpability was about choosing to commit a wrong, and the nature of this choice determined the degree of culpability. This is the view of the Model Penal Code. Yet, as this Symposium reveals, our consensus has devolved to dissensus. Criminal law theorists are now challenging the conventional framework’s ability to capture culpability adequately. These theorists argue that our current culpability theory pays insufficient attention to the motives, emotions, and desires of the actor and that these elements are a constitutive part of culpability.