Overcriminalization: Big Government and Criminal Justice

Excessive, confusing statutes cost money, wreck the lives of upstanding citizens, and discourage economic growth.

Which of the following behaviors do you believe should result in federal criminal charges?

1. Diverting a backed-up sewage system
2. Abandoning a snowmobile in a life-threatening blizzard
3. Digging up arrowheads
4. Violating another country’s law by shipping lobsters in plastic instead of paper bags

If you answered none of the above, you have better sense than Congress.

The United States is drifting further and further away from the basic constitutional and legal principles of our criminal justice system. For much of our history, the duties associated with “crime-fighting” were clearly understood to be a responsibility of state and local governments.

Over the years, however, Congress has continued to encroach on state police powers by passing more and more federal criminal laws and regulations. In addition to the near 4,500 statutory federal crimes, there are estimated to be between 100,000–300,000 federal regulations that may carry criminal penalties. Many of these laws make every day innocent actions subject to criminal prosecution. This derails a fundamental principle in criminal law: actus non facit reum nisi mens sit rea—the act itself does not make one a criminal unless done with criminal intent.

This practice, called “overcriminalization,” is an attack on the foundational principles of justice and contrary to the fundamental principles of fairness.  If you’re outraged by this federal government overreach, write your Congressmen and ask them what they are doing to prevent overcriminalization.