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When Fighting Crime Becomes Piling On: The Overcriminalization of Fraud

Are maple syrup felons sufficiently heinous that they should be imprisoned for perhaps as long as 45 years? ....

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Is Congress Addressing Our Overcriminalization Problem? Reviewing the Progress of the Overcriminalization Task Force

One of the areas in need of correction is the overuse and misuse of substantive criminal law, a problem known by the neolo - gism “overcriminalization.” ....

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Turning the Rule of Lenity Into a Rule of Lenity

“Too many crimes, too much punishment”[1] has been a recurrent problem in our criminal justice system.[2] That concern gave rise to a canon of statutory construction known as the Rule of Lenity, which has evolved to ensure that criminal laws, if objectively ambiguous, are read in favor of the defendant and against the government. So wrote William Blackstone in 1765: “[P]enal statutes must be construed strictly.”[3] ....

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Criminalizing Health-Care Freedom: Obamacare Supporters Would Use the Brute Force of Criminal Law for Social Engineering

The "reformers" in the White House and the House of Representatives have made all too plain their vision of the federal government's power to coerce individual Americans to make the "right" health-care choices. The highly partisan bill the House just passed includes severe penalties for individuals who do not purchase insurance approved by the federal government. ....

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Solutions for America: Overcriminalization

Federal criminal law has exploded in size and scope and deteriorated in quality. Honest, hard-working Americans doing their best to be respectable, law-abiding citizens can no longer be assured that they are safe from federal prosecutors. Federal criminal law used to focus on inherently wrongful conduct: treason, murder, counterfeiting, and the like. Today, an unimaginably broad range of socially and economically beneficial conduct is criminalized. More and more Americans who are otherwise law-abiding are being trapped and unjustly punished. Congress must halt its overcriminalization rampage and begin to eliminate vague, overbroad criminal offenses that punish good people who violate one of the tens of thousands of federal criminal offenses without criminal intent. ....

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