JF on Twitter
Issues in Criminal Justice (JF)
|
|
House Subcommittee Holds Hearing on Over-Criminalization |
The U.S. House Subcommittee on Crime, Terrorism, and Homeland Security held a hearing on July 22 to discuss over-criminalization of the federal criminal code and the lack of distinction between criminal and civil offenses.
The subcommittee is also examining the over-federalization of crimes whereby federal statutes are created to sanction an offense already covered in state criminal laws. In these cases, punishments are usually more severe for comparable federal crimes.
In his opening remarks, Rep. Robert Scott (D, VA-3), chairman of the subcommittee, noted that the federal government should respond to “need” when it imposes laws on the states. Instead the government has created federal laws regardless of need, resulting in over-federalization of criminal law. Ideally, the federal government should only provide resources for enforcing the criminal code, he added.
The subcommittee noted the existence of approximately 4,500 federal crimes and that an additional 56.5 new crimes are added each year. The overlap of federal and state crimes as well as the complex “labyrinth” of federal crimes has neglected the mens rea requirement of criminal intent, which is necessary to criminal law.
Kathy Norris, one of the witnesses who testified before the subcommittee, told about a raid on her home by federal agents, resulting in the removal of 37 boxes of material and her husband’s computer. For the next five months, the indictment was concealed and the couple was left in the dark. They later learned that the U.S. Fish and Wildlife Service had indicted her husband, George, on one count of violation of the Endangered Species Act, five counts of violation of international trade laws and one count of making a false statement to a government official.
Ms. Norris explained to the subcommittee that a friend in Peru had mislabeled some of the orchids they received as imports to the United States. None of the flowers were rare or endangered; it was simply a paperwork violation. The Norrises had to appear at court several times in Miami (instead of receiving a transfer to nearby Houston), and the transportation and court fees cost them their lifesavings and their business. Mr. Norris spent 17 months in federal prison and is now a felon. Today, George and Kathy Norris deal with the emotional trauma and both are on medication for depression.
Midway through the hearing, the subcommittee adjourned to approve a mark-up on H.R. 3245, The Fairness in Cocaine Sentencing Act of 2009, that removes references to “cocaine base” in the U.S. Code. This change means that all cocaine—including crack—would be treated the same for sentencing purposes. See related article.
The U.S. criminal-justice system is designed to err on the side of acquittal to help ensure that the innocent remain free. The wholesale federalization of crime is a threat to that principle. It has been 50 years since the federal criminal code was revised. |
|
