According to a report commissioned by the Council and submitted to ALI members, "Unless we are confident we can recommend procedures that would meet the most important of the concerns, the Institute should not play a further role in legitimating capital punishment, no matter how unintentionally, by retaining the section in the Model Penal Code." The Council did not vote to take a position on the death penalty, but voted to recommend the removal of the relevant section from the Model Penal Code. According to the Death Penalty Information Center, "This move essentially withdraws ALI from any attempt to fashion an acceptable death penalty because the system has proven to be unworkable."
Currently, Section 210.6 of the Model Penal Code describes situations in which executions may be considered appropriate punishment. Before capital punishment may be removed from the Model Penal Code, the Council's recommendation must be approved by a vote of ALI members.