A Model Anti Stalking Code For States Essay

799 Words Mar 24th, 2016 4 Pages
CHAPTER FOUR

Conclusion and Analysis

Due to the many loopholes in the legal system in many cases the stalkers is set free

because of the different interpretations of the first amendment. Even though California

enacted the country 's first anti stalking law, the federal government has also recognized

the serious nature of stalking crimes and has addressed stalking on a national level.l38 In

1993, Congress delegated the task of creating a model anti stalking statute to the Attorney

General.139 In turn, the Attorney General delegated this task to the National Institute of

Justice ("N.I.J.") which, in October, 1993, published a report titled The Project to

Develop a Model Anti stalking Code for States ("Model Code"). Prior to the publication

of the Model Code, state laws addressing stalking varied widely, resulting in a

"hodgepodge of flawed statutes." The N.I.J. developed the model anti stalking code as an

example of anti-stalking legislation that would effectively combat stalking crimes and

also withstand constitutional scrutiny. As a result of the Model Code, many states with

anti-stalking laws amended their existing statutes and penal codes to conform to at least

some of the Model Code 's recommendations, and eighteen states enacted new laws. The

Model Code recommends several policies for states to follow. It encourages legislators

to make stalking a felony offense and to establish penalties for stalking that reflect…

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