Drafting a Code of Adjudication

Abstract

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.