Overcriminalizing everyday life--It's unjust to make a federal case out of minor infractions

The Washington Times ^ | December 17, 2010 | Editorial

[jazusamo]

Two former U.S. attorneys general are urging House Republicans to adopt a new rule in the new Congress to rein in federal criminal charges. It's an important step to protect innocent Americans from the net of an overzealous government leviathan.

The recommendation from Edwin Meese III and Richard L. Thornburgh would require that every bill creating a new or enhanced federal criminal penalty be referred to the HouseJudiciary Committee for review of its criminal-law provisions. For instance, if a bill defines a new violation to be enforced by the Occupational Safety and Health Administration and punishes violators with criminal penalties, the Judiciary Committee would be asked to weigh in.

Criminal penalties traditionally were applied when offenders had a "guilty mind," meaning they knew they were committing an offense. Unknowing technical violations often could be punished with monetary fines without creating a criminal record or forcing imprisonment. According to a May report by the conservative Heritage Foundation and the liberal National Association of Criminal Defense Lawyers, however, 60 percent of new criminal offenses created by Congress in 2005-06 lacked a "guilty mind" requirement...

[eyeamok]

There are only 3 Crimes Authorized by the Constitution at the Federal Level, Do you know them???

[cripplecreek]

Kind of like dragging pro baseball players into congressional hearings and treating them like criminals over something that should be handled by the MLB.

[Shermy]

“Unknowing technical violations”

Tell that to Lawrence Taylor!

[PGalt]

Good idea. In a totalitarian regime there are enough (murky) laws (say in a Department of Homeland Security...just sayin’) to make everyone a criminal. It’s just a matter of selective persecution to get rid of the perceived undesireable threats to the totalitarians. I’m thinking of Kafka’s Joseph K in “The Trial”.

Life, liberty and the pursuit and destruction of totalitarians.

[dennisw]

Treason is one

[hinckley buzzard]

Good luck. Don't these fossils realize that the intention of the Leftwing assholes ruling the apparatus is to make it so hard to conduct business without violating a law somewhere, that any person, as needed, can be arrested and brought up on "charges?"

I think Meese and Thornburg are good enough guys, but obviously they are fatally behind the curve.

[diogenes ghost]

Well, it’s a nice start, but there needs to be more oversight of those who run afoul of insane regulatory penalties. Many of these are written by nameless beaurocrats, not Congress.

[jazusamo]

I’m only sure about treason.

[jazusamo]

Excellent example. I have the feeling some fed elected official’s husband or wife gets upset about something and tells the spouse to call whoever it is before a committee, it’s getting old fast.

[cripplecreek]

I have the feeling some fed elected official’s husband or wife gets upset about something and tells the spouse to call whoever it is before a committee, it’s getting old fast.

Tipper Gore and record warning labels. That one backfired because the kids went looking for warning labels.

[jazusamo]

Many of these are written by nameless beaurocrats, not Congress.

Agreed, and it has gotten much worse in the last two and will continue to get worse.

[Loyal Sedition]

A noble idea and probably a good start.
It’s WAAAAAY past time to break the power of unelected bureaucrats to create “law”!

Congress has not been much better when they deign to actually get their hands dirty either.

I suspect the only practical way to handle this is to limit congress time is session, maybe no more than twenty weeks a year.
The rest of the time they are required to spend actually in their own district, available to their constituents.

The other necessary item is to prevent congress continuing to delegate the authority to create “law”, rulings, determinations, or any other excuse for fining or imprisoning the American public.

Eliminate the alphabet agencies ability to write their own regs!
EPA, DOT, BATFE (ATF), HHS, DOJ, ALL of them!

[jazusamo]

Amen!

[Skepolitic]

There are only 3 Crimes Authorized by the Constitution at the Federal Level, Do you know them???

I didn't know that a constitution was supposed to authorize crime.

However, Amendment XVI authorizes the income tax, and that is criminal.

HL Mencken defined an election as "an advance auction of stolen goods." Since the Constitution authorizes elections, I suppose it also authorizes the fencing of stolen goods.

[eyeamok]

Pretty Close, they are TREASON (obama) COUNTERFEITING (Federal Reserve) and PIRACY (Congress)

[TigersEye]

There are only 3 Crimes Authorized by the Constitution at the Federal Level, Do you know them???

The Executive Branch, the Legislative Branch and the Judicial Branch. /s

[TigersEye]

See? I was close. ;^)

[Graybeard58]

There are only 3 Crimes Authorized by the Constitution at the Federal Level, Do you know them???

Electing a moron should be one of them.

[Psalm 144]

Alter or abolish it.

Indeed.