The Feds Criminalize Ordinary Life
7th October 2011
Tuesday’s Wall Street Journal featured an in-depth look at how federal laws increasingly apply criminal penalties for violations involving no mens rea, roughly translated as a “guilty mind.” The stricture against criminal penalties for unwitting violations is an age-old, bedrock legal principle. Alas, in today’s dangerously armed, bureaucratic super-state, ancient legal principles go by the wayside when politicians pretend to be “tough on crime” and when officious civil “servants” indulge their fetishes for power.
U.S. governments at every level these days are prone to “overcriminalization,” which means turning ordinary activity into violations of the law, turning what should be civil violations into criminal ones, and applying penalties far harsher than should be warranted.