Law and Congress Foundation

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Overcriminalization paper
This paper is going to be on Overcriminalization. I will try to explain what overcriminalization is. I will give a couple of example of overcriminalization that I discovered on the internet during my research for this paper. I will also discuss how far into the private lives of citizens the government-sanctioned views of morality should properly intrude. I will follow up on my belief if the "crisis of overcriminalization" actually exists in the United States now.

I could not find any real definition of overcriminalization. From what I understand overcriminalization is the government passing laws to be able to reach into peoples private lives to prosecute them for crimes that should have never been passed in the first place. Would this really surprise anyone? I was not really surprised that the government would actually do this to the citizens of the United States. The U.S. has so many laws that the legal system cannot enforce why not pass more laws to burden the system even further.

The first example that I found for overcriminalization was the Bipartisan Campaign Reform Act of 2002(BRACA). This act was supposed to hold corporate and union officials criminally liable for knowingly broadcasting advertisements 30 days before a primary and 60 days prior to a general election. According to the Free Congress Foundation what this act really did was restrict freedom of speech and to them most specifically the political freedom of speech for individuals to participate in debates prior to an election (Lilienthal, November 3, 2004). Would it really matter to the average American citizen if an organization wanted to participate in a public debate? I would think that it would get more information out to the voters. I do not think this should be a crime.

The second example that I found was an article written by Trent England and Paul Rosenzweig on November 23, 2004 in the American Spectator. This article discusses the law that congress is...
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