Tag: Overcriminalization
Tag: Overcriminalization
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Overcriminalization and Mens Rea Must be Addressed
With the explosion in the number of criminal statutes and criminal regulations, it is particularly difficult for an individual to know what conduct has been deemed criminal or noncriminal. In…
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The End and How to Breakthrough: The Number of Laws Criminalizing Innocent Conduct is a Touch Too Much
With the explosion in the number of criminal statutes and criminal regulations, it is particularly difficult for an individual to know what conduct has been deemed criminal or noncriminal. In…
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Criminal Intent Protection Act
{Title, enacting clause, etc.} Section 1. {Title.} This Act may be cited as the “The Criminal Intent Protection Act.” Section 2. {Legislative Purpose and Findings.} The purpose…
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The Treating Accused Persons Fairly Act
{Title, enacting clause, etc.} Section 1. {Title.} This Act may be cited as “The Treating Accused Persons Fairly Act of 2011” Section 2. {Congressional Purpose.} The…
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State Factor: Mandatory Minimum Sentencing Reform Saves States Money and Reduces Crime Rates
The United States has been experiencing increasingly high levels of incarceration, particularly over the last three decades. Several states have realized such levels are not sustainable and have been examining…
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New Report Reveals Mandatory Minimum Sentencing Unsustainable for State Prison Systems
Arlington, VA (March 29, 2016)— States are experiencing unsustainable levels of incarceration in their prison systems , some as high as 171 percent of the design capacity, according to a…
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Exorbitant Costs Exposed in Los Angeles Juvenile Justice System
The Los Angeles Times recently reported on the high annual expenditures associated with housing juvenile offenders in Los Angeles. According to a recent county audit, it costs over $230,000…
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Louisiana Newspaper: Treat 17-Year-Old Suspects as Juveniles
The issue of presumptively treating 17-year-olds as adults in the criminal justice system has made headlines in Louisiana. Currently, 41 states presumptively treat 17-year-olds as juveniles. Louisiana remains one of…
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Illinois: Reform Criminal Justice to Reform Spending
According to Article 1, Section 11 of The Illinois Constitution, criminal sentencing requires that “all penalties shall be determined both according to the seriousness of the offense and with the…
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A Bill to Ban the Box on Employment Applications
The Legislature declares that it is the duty of the state of [Insert State Name] to encourage and contribute to the successful reintegration of people with a criminal history. The…
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Ban the Box
There are about 70 million adults with criminal records in America today. Because there are so many, lowering the recidivism rate has become one of the main goals in…
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Prison Release without Parolee Preparation Risks Recidivism
Beginning October 30 and continuing to November 2, the U.S. Justice Department will release up to 6,000 inmates from federal prisons. This is part of an effort to decrease overcrowding…
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Pew and Utah Lead the Way on Justice Reform in the States
On Thursday, October 1, members of The Pew Charitable Trusts hosted a discussion panel, where Utah Governor Gary Herbert and United States Senator Orin Hatch spoke on how Utah’s 2015…
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Criminal Justice Reform on the Big Stage
It’s an exciting time for criminal justice reform. In fact, at the first Republican Presidential debate, Ohio Governor John Kasich touted his record on criminal justice reform: “[W]e are rehabbing…
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Resolution in Support of Judicial Discretion to Grant Order of Nondisclosure in Low-Level Drug Possession Cases
Model Resolution WHEREAS, At least 20 percent of all American adults have a criminal record; and WHEREAS, those who violate the law must be held accountable and required to…
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Federal Complexities Cause Overcriminalization of America
In addition to state and local laws, more than 4,500 federal criminal laws and an estimated 300,000 federal regulations carrying potential criminal penalties threaten to place Americans on…
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Recidivism Reduction: Community-Based Supervision Alternatives to Incarceration
Recidivism Reduction: Community-Based Supervision Alternatives to Incarceration As a result of failed corrections practices, our criminal justice system has created a revolving door of offenders. More than 40 percent of…
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With Declining Recidivism Rates, South Carolina Closes Minimum Security Prison
https://www.shutterstock.com/image-photo/south-carolina-state-house-columbia-110484680 South Carolina announced Tuesday, February 25th that the state would be closing a minimum security prison. This will be the second minimum security prison closing in South Carolina within…
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Supreme Court rules in Yates v. United States
Earlier today, the Supreme Court issued a decision in the case of Yates v. United States. Previously written about on these pages, the case arose when Mr. Yates…
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VIDEO: How Big Government Makes a Criminal of Every American
Listen to the stories of Bobby Unser, a three-time Indianapolis 500 champion who was charged with committing a crime in his fight to survive, and Mr. and Mrs. Denicore, a…