The Wall Street Journal this weekend documented several sad features of the federal government’s proliferation of poorly written criminal laws, many of which leave it to prosecutors to pick and choose which Americans to prosecute as criminals. The Journal chronicles the stories of a half dozen Americans who became the targets of unprincipled, amorphous federal criminal laws. Heritage’s One Nation Under Arrest tells several more. It is thus disturbing that Congress has recently and repeatedly been mounting efforts to shutter the few rays of light the U.S. Supreme Court has …
In 1997 three-time Indy 500 winner Bobby Unser was convicted of a federal crime that exposed him to a $5,000 fine and a six month prison sentence. What did Unser do that so angered the federal government? He got lost in a blizzard. That’s it. How did getting lost in a blizzard become a crime? Watch the attached video or click through to Heritage analyst Brian Wash’s Commentary, below: What do former Indianapolis 500 champion Bobby Unser and small-businessman Abbie Schoenwetter have in common? Both are victims of “overcriminalization,” a …
There are many shocking real-life stories in Heritage Foundation Senior Legal Research Fellow Brian Walsh’s and co-author Visiting Fellow Paul Rosenzweig’s new book, One Nation Under Arrest: How Crazy Laws, Rogue Prosecutors, and Activist Judges Threaten Your Liberty. None perhaps as revealing as the one The Economist chose to highlight for their feature this week, Rough Justice: America locks up too many people, some for acts that should not even be criminal. The Economist recounts: In 2000 four Americans were charged with importing lobster tails in plastic bags rather than …
In 1998, an American Bar Association task force estimated that there were over 3,000 federal criminal offenses scattered throughout the 50 titles of the United States Code. Just six years later, that number is estimated to be over 4,000. If 4,000 seems like a high number consider the fact that there are then as many as 300,000 federal regulations that the federal government could use the criminal process to enforce. 300,000 rules you can face criminal charges for not following. How can anyone be sure they are not breaking the …
One of the reasons that John Stossel’s face, voice, and trademark “Give Me a Break” tagline are so familiar to conservatives is that he has mastered the art of illustrating the absurdity of arbitrary, overreaching decisions by bureaucrats, lawmakers, and other government officials. Tonight, his show on Fox Business focuses on “Attacks on Freedom”, including the (often hidden) dangers that legislators and prosecutors have created through overcriminalization. Overcriminalization endangers average Americans who have no idea that they have become federal criminals by – for example – mixing two types of …
Chapter 5 of One Nation Under Arrest is titled “Criminalizing Kids.” This chapter includes stories demonstrating that it is not just adults who face the dangers of overcriminalization. The prevailing mindset among most legislators and government policy makers is that criminal law and criminal punishment are generally the best tools to “solve” any important problem. As a result, more and more children have been victimized by overcriminalization. The Boy Scout motto is “Be Prepared,” but not even Miles Rankin’s Scout Master could have prepared Miles for the injustice this twelve-year-old …
How should a city treat one of its long-time, law-abiding citizens if her mature, decades-old hedges offend aggressive new standards set by city bureaucrats? What if this citizen is a 61-year-old grandmother fighting breast cancer? The answer the City of Palo Alto, California, provided to these questions was to send out two police officers to arrest Kay Leibrand in front of her home and neighbors and to charge her as a criminal. As explained in One Nation Under Arrest, The Heritage Foundation’s new book on overcriminalization, this was an oppressive …
If Congress drafts a law and no one can understand it, can individuals be punished for breaking it? Increasingly, to the detriment of all Americans, the answer is yes. Since our nation’s founding, a core principle of our system of justice has been that no citizen should be subjected to criminal punishment for conduct that he did not know was illegal or otherwise wrongful. This principle is embodied in the requirement that the government must prove a defendant acted with intent, or at least knowledge, before subjecting him to criminal …
Twelve-year-old Ansche Hedgepeth grabbed an order of French fries after school on her way to the Tenleytown/American University Metrorail station in Washington, D.C. The Washington Metropolitan Area Transit Authority had decided to kick off a week of “zero tolerance” enforcement of “quality of life offenses.” When a police officer noticed Ansche, unaware of the no-eating rule on the metro, consuming her first French fry, she was immediately searched; her jacket, backpack, and shoelaces were confiscated; and she was handcuffed and taken to the Juvenile Processing Center in a paddy wagon. …
If you did not know that you were supposed to affix a federally mandated sticker to your otherwise lawful UPS package, should you be arrested face down on the pavement by FBI agents training automatic weapons at you? Our hunch is that most reasonable Americans would respond with an emphatic ‘No!’ Today we are launching a series of posts based on case studies adapted from our new book, One Nation Under Arrest: How Crazy Laws, Rogue Prosecutors, and Activist Judges Threaten Your Liberty. The book includes stories of average Americans …
