White collar crimes and overcriminalization

Posted By Law Offices of Jeffrey C. Grass || 25-Mar-2015

There are currently more than 4,450 crimes outlined in the federal criminal code. According to The Heritage Foundation, between 2000 and 2007 alone, more than 56 federal crimes were added every year. On the surface, it may seem inconsequential, however, the code's growth has largely contributed to a phenomenon known in Texas and around the country as overcriminalization.

There are two main ways that people accused of white collar offenses tend to experience sentencing that many feel is too harsh. The first is due to the exceptionally large criminal code, which often holds vague and even overlapping provisions. Many times, these crimes lack meaningful mens rea requirements, which are supposed to demand that there is an intention or knowledge of the wrongdoing. The second way, according to the Social Science Research Network, is that the U.S. Congress has a tendency to increase the maximum penalties for white collar crimes while trying to provide deterrents for other offenses.

Overcriminalization hurts more than just the defendants who are convicted and sentenced under these pretenses. It also does the following:

Fortunately, in January of this year, the U.S. House of Representatives adopted a change that would permit the House Judiciary Committee the ability to review any bill that would either introduce or modify a criminal law. This comes on the heels of the 2014 House task force that was committed to hearing testimony regarding overcriminalization in America. Hopefully, this move will help to slow the growth of the federal code and prevent defendants from experiencing unfair treatment.