Husak wonders 58ff why so few of us who work in the philosophy of criminal law and there are many of us right now are grappling with the problem of overcriminalization, or more generally with the. The extent of americas overcriminalization problem the. Even without his valuable prescription, husak s diagnosis of the problem and call to 1. Husak and patterson 2010 also add that the traditional notions, which were established to resolve the overcriminalization practice, have been challenged, and they do not hold any water. Jan 08, 2008 husak s secondary goal is to situate this endeavor in criminal theory as traditionally construed.
How the prosecution of atlanta teachers exposes a broken system the threat of over criminalization is a nationwide problem with no easy fix, law. His book overcriminalization provides the best attempt that has been made to. Reservations about overcriminalization husak, douglas 20110101 00. Use features like bookmarks, note taking and highlighting while reading overcriminalization.
In this paper, i describe what i regard as the most serious challenge to the theory of criminalization i defended in my 2008 book overcriminalization. Overcriminalization as vulnerable citizenship, new criminal. The current government, responding to these concerns. The problem the character of the criminal law has changed. Overcriminalization is a dangerous trend that nacdl battles daily.
Overcriminalization as vulnerable citizenship new criminal. I explore whether the criminal law is speciala sufficiently. Over the years, the number of state and federal rules which carry criminal penalties has exploded. These are the prohibitions on drug possession and drug dealing, on which he is a worldrenowned authority. Husak and patterson 2010 noted that the overcriminalization problem may extend beyond the law text as well the implication of the dubious power application by the lawmakers or enforcers. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within. Douglas husak author of overcriminalization ending overcriminalization and mass incarceration is a good introduction to the issue of mass incarceration the book challenges readers to focus on the person affected by not just the policies but the civil society that surrounds them.
He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itselfeven though these resources have not been used explicitly for this purpose. Legal philosophers like me have thought long and hard about the limits of the substantive criminal law and the principles. Criminalization and overcriminalization douglas husak, overcriminalization. Harmfulness, wrongfulness, lesser evils and riskcreation. The limited political remedies available to stem and reduce overcriminalization through conclusion, with footnotes, p. This has led to what many scholars have called the problem of over criminalization husak, d. This overcriminalization results in confusion among what vague laws mean, even on the supreme court. Marion smith counselor to the president marion smith, through his research and writing at the. Apr 01, 2010 overcriminalization as vulnerable citizenship overcriminalization as vulnerable citizenship ramsay, peter 20100401 00. Kadish, the crisis of overcriminalization, 374 annals of am.
By continuing to use our website, you are agreeing to our use of cookies. Husak s secondary goal is to situate this endeavor in criminal theory as traditionally construed. For what kinds of conduct may we impose on people the. Attorneys are required to file an amended statement to reflect any material changes in the required information. He argues that many of the resources to reduce the size and scope of the criminal law can. Overcriminalization douglas husak legal philosophers like me have thought long and hard about the limits of the substantive criminal law and the principles that should be employed to constrain it. The new labour government was accused of frenzied law making, creating a criminal offence for every day spent in office.
Husak s primary goal is to defend a set of constraints to limit the authority of states to enact and enforce criminal offenses. Since the middle of the 20th century, the nation has witnessed a troubling trend in the law. Criminalization and the collateral consequences of conviction. Marion smith counselor to the president marion smith, through his research and writing at the heritage. Criminalization and overcriminalization douglas husak. Political science criminal procedure political aspects usage. Overcriminalization is a term that came into vogue about ten or so years ago as a catchall phrase to describe several interrelated legal policy problems. Overcriminalization archives cause of action institute. Nov 12, 2015 overcriminalization is a term that came into vogue about ten or so years ago as a catchall phrase to describe several interrelated legal policy problems. Reservations about overcriminalization, new criminal law. The single matter on which they are virtually unanimous is that there is an act requirement in criminal law. Corporate culpability as a limit to the overcriminalization of corporate criminal liability.
May 20, 2011 a case of overcriminalization race car great bobby unser discusses his legal ordeal after his snowmobile got lost in a blizzard, he was charged with having entered protected federal wilderness land in this heritage foundation video more. Overcriminalization is the concept that criminalization has become excessive, meaning that an excessive number of laws and regulations deeming conduct illegal have a detrimental effect on society, particularly with respect to victimless crimes and actions which make conduct illegal without criminal intent on the part of the individual. In addition, husak situates this endeavor in criminal theory as traditionally construed. The moving wall represents the time period between the last issue available in jstor and the most. I explore whether the criminal law is specialsufficiently different from other bodies of law to raise justificatory concerns that warrant separate treatment from philosophers of law.
Overcriminalization the limits of the criminal law douglas husak. An individual user may print out a pdf of a single chapter of a monograph in oso for personal use. Over the years, the number of state and federal rules. Overcriminalizing america overcriminalization nyc crime. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. Overcriminalization the limits of the criminal law oxford scholarship online. Examples of overcriminalization the legislation of morality and attempts to regulate personal conduct that does not involve a clear victim drug abuse, sexual conduct, and the like gemeinschaft societies. Download it once and read it on your kindle device, pc, phones or tablets.
Douglas husak author of overcriminalization ending overcriminalization and mass incarceration is a good introduction to the issue of mass incarceration the book challenges readers to focus on the. The overcriminalization causes consequences and solutions. Overcriminalization hardcover douglas husak oxford. The limits of the criminal law by douglas husak free epub, mobi, pdf ebooks download, ebook torrents download. The limits of the criminal law, husak says that more than half of the 3,000 federal crimes itself a dismaying number are found not in the. Overcriminalization download ebook pdf, epub, tuebl, mobi. The central objective of this book is to defend a theory of criminalization, and to situate it within contemporary. Whether or not an action is a crime should not be up for debate.
Examples of this extraordinary expansion of criminal law. The book urges the weight and relevance of this topic in the real. The perils of overcriminalization the heritage foundation. Douglas husak, overcriminalization 2008 defending the theory that the penal sanctions should have limits. Eric garner, criminalized to death the washington post. Husak explores the extent of the problem of modern overcriminalization, offers interesting thoughts on its sources, illustrates the way it. Overcriminalization as vulnerable citizenship overcriminalization as vulnerable citizenship ramsay, peter 20100401 00. With over 4,450 crimes scattered throughout the federal criminal code, and untold numbers of federal regulatory criminal provisions, our. The current overcriminalization trends seem to overwhelm the numerous efforts of solving the phenomena and the situation is getting out of hand. Click download or read online button to overcriminalization book pdf for free now.
Approaching the rule of law the vast literature on the rule of law has until relatively recently been preoccupied with a cluster of. Download overcriminalization ebook pdf or read online books in pdf, epub, and mobi format. Husak wonders 58ff why so few of us who work in the philosophy of criminal law and there are many of us right now are grappling with the problem of overcriminalization, or more generally with the principles of criminalization applicable to legislators. Overcriminalization husak major reference works wiley. Reservations about overcriminalization new criminal law. The united states today suffers from too much criminal law and too much punishment. Overcriminalization needs to be stopped and reversed. The limits of the criminal law kindle edition by husak, douglas. Legislation like the sentencing reform and corrections act is a good first step. Husak himself prefers to focus on examples of equal concern, perhaps particularly in the usa. The current government, responding to these concerns, has introduced a gateway mechanism to halt the tide of criminalization. The paper situates douglas husak s normative theory of the limits of criminalization in its contemporary political context, one in which the crime victim is the representative subject of law.
Katie parr is law clerk at cause of action institute. Overcriminalization can occur by prosecutorial overreach via the executive expansion of criminal provisions in specific laws and regulations not intended to be 2 douglas husak, overcriminalization. Approaching the rule of law the vast literature on the rule of law has until relatively recently been preoccupied with a cluster of debates about its conceptual contours and scope. Jan 01, 2011 reservations about overcriminalization husak, douglas 20110101 00. Apr 16, 2015 americas over criminalization epidemic. This practice, called overcriminalization, is an attack on the foundational principles of justice and contrary to the fundamental principles of fairness. James fitzjames stephen the doctrine of liberty in its.
A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Douglas husak penal theorists seldom acknowledge that they are deeply divided about several basic questions involving the socalled act requirement in criminal law. The attempt to formulate and apply these principles is a small but important part of an effort to retard the phenomenon of overcriminalization. How the prosecution of atlanta teachers exposes a broken system the threat of over criminalization is a nationwide problem with no easy fix, law professor. If youre outraged by this federal government overreach, write your congressmen and ask them what they are doing to prevent overcriminalization. Download pdf overcriminalization free online new books.