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As the federal criminal code continues to swell...
In response to political pressure and publicity campaigns, the United States government has dramatically expanded its federal criminal code. The code contains over 4,000 criminal offenses and at least 10,000 federal rules that can be enforced through criminal sanctions. Many of these statutes contain vague, loose requirements for mens rea, or criminal intent, in order for the action to warrant punishment. Many others contain no such requirements at all. These laws increasingly focus on regulatory violations, which are unlawful because of government decree – not because they defy moral law. In addition, some of these federal laws focus on actions that are inherently local in nature
The overcriminalization of our society erodes the rule of law and threatens liberty. Removing the moral foundation of law makes government whim the basis for crime. This undermines public confidence in the law code, expands government control over individual freedom, and increases the likelihood of people committing crimes unknowingly. Removing the requirement of malice from criminal law burdens citizens with unfair liability standards. When criminal intent is unnecessary for criminal prosecution, an honest mistake can result in conviction. Also, including local activities in the federal criminal code threatens our wellbeing because it moves enforcement responsibility from local police to the federal government, which has no police force.
Justice Fellowship calls for just application of criminal sanctions.
Justice Fellowship calls for reform in order to restore integrity to the rule of law. In order to halt the ballooning of the federal criminal code, the judiciary committees in the House of Representatives and Senate should have jurisdiction over any new legislation that establishes a criminal offense. All activities local in nature should be left under local jursidiction. Criminal punishments should be removed from any regulatory violations. In addition, Congress should pass a statute clearly defining mens rea as “willful criminal intent” and attaching this definition to each component of each crime. Taking these steps will help to reinstate the connection between criminal offenses and our values, protect our freedom, and promote justice.
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