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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 6492: Accountability in Deferred Prosecution Act of 2008

Official Title

A bill to regulate certain deferred prosecution agreements and non-prosecution agreements in Federal criminal cases.

Analysis

This bill would require the Attorney General to “issue public written guidelines for deferred prosecution agreements [DPA] and non-prosecution agreements [NPA]” that set forth the following: the circumstances when an independent monitor is warranted to oversee the operations of an organization being investigated and what the monitor’s duties shall be; the means of establishing the terms and conditions of such agreements, including penalties; the process for insuring compliance with and identifying breaches of the guidelines; the duration of such agreements; “what constitutes the cooperation, if any, required by the agreement from the organization and its employees with respect to any ongoing criminal investigations”; and when an NPA is to be used rather than a DPA. The bill would also require the Attorney General to establish rules for the selection of independent monitors in connection with deferred prosecution agreements that require monitors to be drawn from a national list of possible monitors. Finally, the bill would require increased public disclosure of NPAs and DPAs.

Legislation Details
SPONSOR

Pascrell (D - NJ)

STATUS:

07/15/2008: Referred to House Judiciary Committee
07/15/2008: Introduced