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Overcriminalization: The Legislative Side of the Problem

The past 75 years in America have witnessed an avalanche of new criminal laws, the result of which is a problem known as “overcriminalization.”

United statesJustice john marshallSupreme courtHarvard law school professor william stuntzHeritage foundationNational association of criminal defense lawyersHow congress is erodingCriminal intent requirementFederal lawNational associationCriminal defenseDue process clauseAttainder clausesNew setSixth amendmentsMisguided legislative

The Criminal Intent Report: Congress Is Eroding the Mens Rea Requirement in Federal Criminal Law

Recent Congresses have crafted scores of new federal criminal laws that lack adequate guilty-mind requirements.

United statesSenate judiciaryHeritage foundationHouse judiciary committeeNational association of criminal defense lawyersNational associationCriminal defense lawyersWithout intentHow congress is erodingCriminal intent requirementFederal lawSenate judiciary committeesCriminal lawMens reaGuilty mindRiminal punishment

Is Congress Addressing Our Overcriminalization Problem? Reviewing the Progress of the Overcriminalization Task Force

One of the areas in need of correction is the overuse and misuse of substantive criminal law, a problem known by the neolo - gism “overcriminalization.”

United statesJason chaffetzBobby scottJames sensenbrennerJohn malcolmLawrence lewisDepartment of justiceOvercriminalization taskHeritage foundation edwin meeseHeritage foundationHouse committee on natural resourcesBureau of prisonHouse committeeHeritage senior legal research fellow paul larkinSupreme courtNational association of criminal defense lawyers

Sentencing Law and Policy: Heritage Foundation and NACDL release Without Intent Revisited: Assessing the Intent Requirement in Federal Criminal Law 10 Years Later

Sentencing Law and Policy: Heritage Foundation and NACDL release Without Intent Revisited: Assessing the Intent Requirement in Federal Criminal Law 10 Years Later
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Nathan pysnoZack smithNormanl reimerHeritage foundationNational association of criminal defense lawyersUs department of justiceIntent revisitedIntent requirementFederal criminal lawNational associationCriminal defense lawyersWithout intent revisitedWithout intentHow congress is erodingCriminal intent requirementFederal law