Legal Issues

Overcriminalization

See the Map of Americans’ Liberties Threatened

Heritage has documented dozens of overcriminalization stories, now compiled in one easy-to-use map Read More.

Factsheet on Overcriminalization

Get the basics on what overcriminalization is, why it matters, and how to solve it. Read More.

The Government vs. YOU

Watch the story of Lawrence Lewis, and learn about the unlikely bipartisan alliance to protect Americans’ rights. Read More.

What Criminal Law Reforms Has Congress Proposed?

An ideal resource for Congressional staff, Heritage scholars have analyzed hundreds of bills that propose criminal law reforms – dating back to 2007. Read More.

Principles for Revising the Criminal Code

Congress should take a fresh approach to federal criminal law and develop a coordinated set of statutes that reflect constitutional limits and division of authority between federal and state governments. Read More.

Overcriminalization describes the trend to use the criminal law rather than the civil law to solve every problem, to punish every mistake, and to compel compliance with regulatory objectives. Criminal law should be used only if a person intentionally flouts the law or engages in conduct that is morally blameworthy or dangerous.

Introduction to the Research

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Experts on Overcriminalization

Paul Larkin
Senior Legal Research Fellow
Edwin Meese III
Ronald Reagan Distinguished Fellow Emeritus
John Malcolm
Director, Edwin Meese III Center for Legal and Judicial Studies, and the Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow

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Special Report posted July 22, 2013 by Jessica Zuckerman, Steven P. Bucci, Ph.D., James Jay Carafano, Ph.D. 60 Terrorist Plots Since 9/11: Continued Lessons in Domestic Counterterrorism
Commentary posted February 2, 2010 by Lee Edwards, Ph.D. The Legacy of Mao Zedong is Mass Murder
WebMemo posted October 6, 2009 by Brian M. Riedl 50 Examples of Government Waste
WebMemo posted October 20, 2005 by Ronald D. Utt, Ph.D. The Bridge to Nowhere: A National Embarrassment
Backgrounder posted March 24, 2015 by Ryan T. Anderson, Ph.D. Always Care, Never Kill: How Physician-Assisted Suicide Endangers the Weak, Corrupts Medicine, Compromises the Family, and Violates Human Dignity and Equality
Center for Data Analysis Report posted November 7, 2005 by Tim Kane, Ph.D. Who Bears the Burden? Demographic Characteristics of U.S. Military Recruits Before and After 9/11
Backgrounder posted September 21, 2012 by Lindsey Burke, Stuart M. Butler, Ph.D. Accreditation: Removing the Barrier to Higher Education Reform
Backgrounder posted February 5, 2013 by Jason Richwine, Ph.D. Nine Fallacies Used to Defend Public-Sector Pensions

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Special Report posted September 12, 2016 by Martin N Murphy, PhD Understanding Russia’s Concept for Total War in Europe
Legal Memorandum posted September 9, 2016 by Paul Larkin, Nicolas Loris The Regulation of Hydraulic Fracturing on Federal and Indian Land: Wyoming v. Department of the Interior
Issue Brief posted September 9, 2016 by Paul Winfree A Better Way Forward on the FY 2017 Continuing Resolution
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Event on Thursday, September 15, 2016 What Would a No First Use Policy Mean for Global Security?
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Event on Thursday, September 15, 2016 What Happens When a Country Eliminates Its Agricultural Subsidies? - The New Zealand Case Study
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Event on Friday, September 16, 2016 The New Trail of Tears: How Washington Is Destroying American Indians
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Event on Tuesday, September 20, 2016 Will Your Vote Really Count? - Assuring the Integrity of the American Election Process
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Posted on 9/12/2016 5:52:41 PM Obama White House Eyes Hacking Threat as Rationale to 'Protect' Elections
Posted on 9/12/2016 5:38:13 PM A Simple, 3-Step Approach to Defending Voter ID Laws
Posted on 9/12/2016 4:33:32 PM This Senator Wants to Ban Doctors From Dismembering Unborn Babies in the Womb
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