NACDL is fully committed to stemming and reversing the tide of
overcriminalization. This page contains information and materials on the efforts of NACDL and its allies to tackle the problem of overcriminalization and foster meaningful reform, as well as, related scholarship and programming. Visit the Face of Overcriminalization webpage for personal stories of overcriminalization.
Advocacy & Related Press
Fishy SOX: Overcriminalization’s New Harm Paradigm Todd Haugh, March 2015.
“Should You Be Jailed for Committing a Crime You Didn’t Know Was A Crime? New Ohio Law Tackles Issue,” The Daily Signal, January 13, 2015.
“The Overcriminalization of America,” Politico Magazine, January 7, 2015.
“House Judiciary Committee Gets Broader Jurisdiction After Rule Change,” LegalTimes, January 6, 2015.
“A Rare Bipartisan Consensus In Favor of Overcriminalization Reform,” National Review Online, January 4, 2015.
"When Ignorance Is an Excellent Excuse," by Evan Bernick, National Review, January 13, 2014.
"Opinion: Overcriminalizing Americans wastes money and ruins lives," by Cara Sullivan, Fox News, December 11, 2013.
"MALCOLM/REIMER: Over-criminalization undermines respect for legal system," by John G. Malcolm and Norman L. Reimer, The Washington Times, December 11, 2013.
"Opinion: Laws Have Overcriminalized Business Behavior," by Ellen Podgor, The New York Times, November 10, 2013.
Interview: NACDL Executive Director Norman Reimer on Overcriminalization
Legislative Tool: Criminal Law Checklist for Federal Legislators
Overcriminalization Task Force: All materials related to the work and hearings of this House Judiciary Committee Task Force is available here.
"Factsheet - Overcriminalization: An Explosion of Federal Criminal Law," The Heritage Foundation, April 27, 2011.
Congressional Hearing on "Reining in Overcriminalization: Assessing the Problems, Proposing Solutions," September 28, 2010
- Testimony of NACDL President Jim E. Lavine, September 28, 2010
- NACDL Op-Ed, "Wasted lives, wasted money: The offense of overcriminalization," The Hill, September 24, 2010
- Rep. Bobby Scott (D-VA), "The Overcriminalization of Federal Law," Main Justice, September 28, 2010
- "Congress looks at laws that criminalize non-criminal behavior," McClatchy Newspapers, October 4, 2010
- Coalition Media Kit
- Hearing video, testimony and statements
Capitol Hill Release Event for "Without Intent: How Congress Is Eroding the Criminal Intent Requirement in Federal Law," May 5, 2010
Congressional Hearing on "Over-criminalization of Conduct and Over-Federalization of Criminal Law," July 22, 2009
Ronald A. Cass, Overcriminalization: Administrative Regulation, Prosecutorial Discretion, and the Rule of Law, The Federalist Society, December 2014.
Evan Bernick, Paul Larkin, and Jordan Richardson, Is Congress Addressing Our Overcriminalization Problem? Reviewing the Progress of the Overcriminalization Task Force, The Heritage Foundation, August 2014.
Stephen F. Smith, A Judicial Cure for the Disease of Overcriminalization, The Heritage Foundation, August 2014.
Paul Larkin, The Extent of America's Overcriminalization Problem, The Heritage Foundation, May 2014.
James Copland & Isaac Gorodetski, The Shadow Lengthens: The Continuing Threat of Regulation by Prosecution, Manhattan Institute for Policy Research, February 2014.
Evan Bernick, "The Best of Disinfectants": Using Publicity to Fight Overcriminalization, The Heritage Foundation, January 2014.
Julie Rose O'Sullivan, The Federal Criminal "Code": Return of Overfederalization, 37 Harv. J.L. & Pub. Pol'y 57 (2014)
Paul Larkin,Regulation, Prohibition, and Overcriminalization: The Proper and Improper Uses of the Criminal Law, 42 Hofstra L. Rev. 745 (2014)
Law Review Articles Produced from: "Overcriminalization 2.0: Developing Consensus Solutions" and "Overcriminalization Symposium - The Politics of Crime"
Paul Larkin, Reasonably Construing the Computer Fraud and Abuse Act to Avoid Overcriminalization, The Heritage Foundation, June 2013.
Paul Larkin, Fighting Back Against Overcriminalization: The Elements of a Mistake of Law Defense, The Heritage Foundation, June 2013.
Paul Larkin, The Need for a Mistake of Law Defense as a Response to Overcriminalization, The Heritage Foundation, April 2013.
Texas Public Policy Foundation (TPPF), Engulfed by Environmental Crimes: Overcriminalization on the Gulf Coast, December 2012.
Overcriminalization of Conduct, Overfederalization of Criminal Law, and the Exercise of Enforcement Discretion, Smart on Crime: Recommendations for the Administration and Congress (2011)
Kyle O'Dowd, Shana-Tara Regon and Michael Price, Notes from the Defense Bar: Fighting for Reform on Three Fronts During the Obama Administration, Federal Sentencing Reporter (December 2010)
Tiffany M. Joslyn, Criminal Provisions in the Dodd-Frank Wall Street Reform & Consumer Protection Act, Federalist Society New Federal Initiatives Project (December 2010) [HTML Version] [PDF Version]
Brian W. Walsh and Tiffany M. Joslyn, Without Intent: How Congress Is Eroding the Criminal Intent Requirement in Federal Law, The Heritage Foundation and National Association of Criminal Defense Lawyers (2010)
"A Conversation With Abbe David Lowell"
- This unique one hour program with prominent defense attorney Abbe D.
Lowell discusses lessons learned from his defense of John Edwards, and
other prominent politicians, and explores the overcriminalization
implications of such prosecutions. Click here to watch!
Podcast: Timothy O'Toole & James Copland on Overcriminalization - Timothy O'Toole, criminal defense attorney with Miller Chevalier and NACDL Board Member, and James Copland, director of the Center for Legal Policy at the Manhattan Institute, discuss overcriminalization at federal and state levels. Click here for the audio!
Hill Staffer Training: Have You Committed a Felony Today? - Federal criminal laws present a labyrinth
that is difficult for staffers to navigate in order to stay on the
right side of the law. On October 7, 2011, NACDL and the Heritage
Foundation co-hosted a training on Capitol Hill to address this very
issue. This panel of experts explores the pitfalls facing Hill staffers
in federal criminal law and shares insights on what staffers can do to
avoid being prosecuted for how they do their job. For anyone working on
or around Capitol Hill, this must-see program will help you answer that
critical question: Have you committed a felony today? Click here for the video!
Overcriminalization 2.0 Symposium - Developing Consensus Solutions - On
October 21st, 2010, the Journal of Law, Economics & Policy at the
George Mason University School of Law hosted its annual symposium on the
problem of overcriminalization and development of reforms. This program
was sponsored by NACDL, the Foundation for Criminal Justice, and the
Law & Economics Center at George Mason University. Symposium materials and law review scholarship, published in J.L. Econ. Pol'y Issue 7.4, are below:
- Program Agenda [PDF version]
- Faculty bios
- J.L. Econ. Pol'y Issue 7.4, Overcriminalization 2.0: Developing Consensus Solutions[PDF]
- Norman L. Reimer,Opening Remarks, 7 J.L. Econ. Pol'y 573 (2011)
- Larry D. Thompson, Keynote Speech: The Reality of Overcriminalization, 7 J.L. Econ. Pol'y 577 (2011)
- Ronald L. Gainer, Remarks on the Introduction of Criminal Law Reform Initiatives, 7 J.L. Econ. Pol'y 587 (2011)
- Roger A. Fairfax, Jr., From "Overcriminalization" to "Smart on Crime": American Criminal Justice Reform - Legacy and Prospects, 7 J.L. Econ. Pol'y 597 (2011)
- Larry E. Ribstein, Agents Prosecuting Agents, 7 J.L. Econ. Pol'y 617 (2011)
- Lucian E. Dervan, Overcriminalization 2.0: The Symbiotic Relationship Between Plea Bargaining and Overcriminalization, 7 J.L. Econ. Pol'y 645 (2011)
- Darryl K. Brown, Criminal Law's Unfortunate Triumph Over Administrative Law, 7 J.L. Econ. Pol'y 657 (2011)
- Geraldine Szott Moohr, Playing With the Rules: An Effort to Strengthen the Mens Rea Standards of Federal Criminal Laws, 7 J.L. Econ. Pol'y 685 (2011)
- Harvey Silverglate, Remarks on Restoring the Mens Rea Requirement, 7 J.L. Econ. Pol'y 711 (2011)
- Marie Gryphon, The Better Part of Lenity, 7 J.L. Econ. Pol'y 717 (2011)
- Jeffrey S. Parker, Developing Consensus Solutions to Overcriminalization Problems: The Way Ahead, 7 J.L. Econ. Pol'y 725 (2011)
- Ellen Podgor, Foreward, 7 J.L. Econ. Pol'y 565 (2011)
Avoiding a Rush to Judgment - Overcriminalization in the Subprime Meltdown - On
October 27, 2008, the Heritage Foundation, NACDL and the Washington Legal Foundation presented a discussion of the
subprime crisis, viewed through the lens of potential criminal liability, by a panel of distinguished criminal defense lawyers. Most
leading financial experts and economists agree that the causes of the
financial meltdown are predominately economic, and not criminal in
nature. Yet both The Economist and former Assistant Attorney General Rachel
Brand have recently observed that political pressure in the wake of a
crisis frequently translates into a perceived mandate on Congress to
create new criminal laws – and on the Executive Branch to prosecute and
convict someone. Click here for the video and review the written materials from NACDL: "Mortgage Fraud: In Brief" and "Sufficiently Armed: The Federal Toolbox for Punishing Criminality in the Subprime Market."
Overcriminalization Symposium - The Politics of Crime - On
October 29, 2004, NACDL, the American University Law Review and The
Heritage Foundation presented an all-day symposium on
overcriminalization. Symposium materials and law review scholarship are below:
- Welcome Letter, Steven C. Serio, Editor-in-Chief, American University Law Review
- Agenda: Overcriminalization - The Politics of Crime
- Faculty Biographies
- Selected Bibliography
- Ellen S. Podgor, Overcriminalization: The Politics of Crime, 54 AMULR 541 (2005)
- Erik Luna, The Overcriminalization Phenomenon, 54 AMULR 703 (2005)
- John S. Baker, Jr., Jurisdiction and Separation of Powers Strategies to Limit the Expansion of Federal Crimes, 54 AMULR 545 (2005)
- John Hasnas, Ethics and the Problem of White Collar Crime, 54 AMULR 579 (2005)
- Peter J. Henning, Targeting Legal Advice, 54 AMULR 669 (2005)
- Sara Sun Beale, The Many Faces of Overcriminalization: From Morals and Mattress Tags to Overfederalization, 54 AMULR 747 (2005)
- Geraldine Szott Moohr,Defining Overcriminalization: Through Cost-Benefit Analysis: The Example of Criminal Copyright Laws, 54 AMULR 783 809 (2005)
- Paul Rosenzweig, Overcriminalizing: An Agenda for Change, 54 AMULR 809 (2005)