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  • Overcriminalization: Jail Time for Charging a Cell Phone, Drying Clothes

    Did you know that you could be put in jail for charging your cell phone? Or for hanging your clothes out to dry? These are just two examples of recent events illustrating the burden that overcriminalization puts on the poorest among us. Late last month, a homeless Floridaman, 28-year-old Darren … More

    Do We Need a New Law to Make Stealing Illegal?

    Everyone agrees that stealing should be a crime. Theft has been an offense in every society that has recognized property rights. Theft was a crime under the English common law; every state outlaws theft today; and theft of federal property (or property in interstate commerce) is a crime under federal … More

    Mother of 3-Year-Old Fined $2,500 for Toddler’s “Public Urination”

    Justice is flowing like a river for an Oklahoma mom. A Piedmont police officer was fired for writing an excessively hefty fine for her three-year-old’s “public urination” on the family’s property. Ashley Warden was fined $2,500 earlier this month after three-year-old Dillan pulled down his pants to urinate on his … More

    Paperwork Errors Can Send You to Prison

    Under a recently proposed rule, a clerical error could send someone to prison for five years. In the latest attempt to criminalize seemingly every aspect of our lives, a group of federal bureaucrats in the Pipeline and Hazardous Materials Administration (PHMSA), an agency within the Transportation Department, recently proposed a … More

    Fowl Statutory Language Puts the Innocent at Risk

    Eating a dead animal that you find on your property may be gross, but it may also be criminal. A Texas man recently learned this lesson. A white-winged dove flew into the side of Ryan Adams’s home and died on impact. White-winged doves are popular among hunters because of their … More

    INTERVIEW: Norman Reimer on Overcriminalization

    Norman Reimer is executive director of the National Association of Criminal Defense Lawyers (NACDL). He sat down with us to discuss his organization’s efforts to combat overcriminalization. How did NACDL become involved with overcriminalization? The National Association of Criminal Defense Lawyers has always opposed the overly expansive use of criminal … More

    The Constitution: Model, Resource, or Outlier?

    The United States Constitution is the oldest written constitution still in use. A little more than 225 years ago, there was a meeting of the greatest political minds that had ever been assembled. Each American colony sent its brightest citizens to revise the failing Articles of Confederation. The Framers of … More

    Senator Rand Paul Gets It Right on Overcriminalization

    Apparently, Members of Congress have not been reading our Overcriminalization blogs. How do we know this? Because the International Fisheries Stewardship and Enforcement Act (IFSEA) is the embodiment of much of what our blogs have highlighted is wrong with legislation. The Senate sponsors of IFSEA didn’t have the votes to … More

    INTERVIEW: Heritage’s Robert Alt on Overcriminalization

    Robert Alt is director of the Rule of Law Programs and senior legal fellow at The Heritage Foundation’s Center for Legal and Judicial Studies. He sat down with us to discuss Heritage’s Overcriminalization project. Q: How long have you been working on the Overcriminalization project? A: Five years. Overcriminalization was … More

    Progressives Want to Send Innocent People to Jail…to Set an Example?

    Should society throw people into jail who admittedly did nothing blameworthy just to set an example for others? That is exactly what the Center for Progressive Reform has suggested doing in a recent report on the Occupational Safety and Health Act. In criminal law, the Supreme Court has embraced what … More