myTPPF
, after login or registration your account will be connected.

12 Steps for Overcoming Overcriminalization

In 2010, the Texas Public Policy Foundation published “Analyze Before You Criminalize.” Policymakers appreciated the checklist, but they also asked an important follow-up question: “This checklist helps us prevent new overcriminalization, but how do we reverse the overcriminalization that has already occurred?” In response, the Foundation has now released a guide with some answers: 12 Steps for Overcoming Overcriminalization. The recommendations are as follows:

1. Identify weak mens rea protections;

2. Adopt a default mens rea statute;

3. Enact the Rule of Lenity;

4. Don’t criminalize offenses based on voluntary economic transactions;

5. Eliminate unnecessary occupational licensing requirements;

6. Eliminate delegation of power to agencies through rulemaking;

7. Require that criminal laws unrelated to controlled substances include potential or actual harm to an individual victim as an element of the offense;

8. Identify and consolidate duplicative laws which sanction essentially the same behavior;

9. Reclassify misdemeanors to remove jail time when unnecessary or convert to a civil violation;

10. Apply consistent criteria in distinguishing felonies from misdemeanors;

11. Create a commission to examine and identify all criminal laws that are redundant, unnecessary, or overbroad;

12. Apply the Tenth Amendment to criminal law.