• Heritage Action
  • Heritage Libertad
  • More
Return to Rule of Law Initiative

Overcriminalization

"Overcriminalization" describes the trends in America - and particulary in Congress - to use the criminal law to "solve" every problem, punish every mistake (instead of making proper use of civil penalties), and coerce Americans into conforming their behavior to satisfy social engineering objectives.

HR 5086: A bill to require the Attorney General to issue guidelines delineating when to enter into deferred prosecution agreements, to require judicial sanction of deferred prosecution agreements, and to provide for federal monitors to oversee deferred prosecution agreements.

Official Title

A bill to require the Attorney General to issue guidelines delineating when to enter into deferred prosecution agreements, to require judicial sanction of deferred prosecution agreements, and to provide for federal monitors to oversee deferred prosecution agreements.

Analysis

Requires the Attorney General to issue guidelines for entering into deferred prosecution agreements that take into account, among other factors, “the potential harm of entering into a deferred prosecution agreement to employees, shareholders, and other stakeholders.” Requires such deferred prosecution agreements to be approved by a federal judge or magistrate and monitored for compliance by a federal judge or magistrate. After an agreement is entered, a prosecution may proceed only after the approving court concludes that the agreement was breached.

Legislation Details
SPONSOR

pallone (D - NJ)

STATUS:

01/22/2008: Referred to House Judiciary Committee
01/22/2008: Introduced