As part of an ongoing series, the Heritage Center for Legal and Judicial Studies periodically identifies a “Bill of the Week” that relates to the problem of overcriminalization in America. Our Bill of the Week segment usually highlights a piece of legislation that, due to its underlying policies, exacerbate the problem of overcriminalization. But this week we’re faced with a matter that shows why form must follow function. No reasonable person would recommend that the Agriculture, Nutrition, and Forestry Committee send a bill to the Senate floor restructuring our present … More
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In a recent 5-2 decision, the Maryland Court of Appeals (Maryland’s highest court) ruled that the state’s 2008 DNA Collection Act was unconstitutional because collecting DNA after an arrest, rather than post-conviction, violates the defendant’s constitutional rights. This decision is troublesome for a number of reasons. The use of forensic DNA has revolutionized the investigation of crimes. Not only has it been used to solve past “cold cases,” but it has also exonerated suspects under investigation, and those wrongfully convicted of committing a crime. Using the FBI’s Combined DNA Index … More
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The law sometimes reflects common sense. Consider this example: Innocent people don’t remain silent when accused of a crime or misconduct; they deny it. Accordingly, it is reasonable to infer that such an accusation is true if someone doesn’t scream, “Not me. I didn’t do it.” In the law that is known as a “tacit admission.” Keep that point in mind for a minute. A current law, the Lacey Act, makes it a crime to import wildlife or plants in violation of any foreign law – however obscure, however unintelligible, … More
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As swimsuit season approaches, millions of Americans are starting vigorous diet and exercise regimens to get in shape. Most people would love to get into shape the way Steve Cooksey has. Mr. Cooksey would love to share his wisdom, but there’s just one problem: the state of North Carolina threatened him with criminal charges carrying up to 120 days in jail if he uses his web site to provide nutrition advice to his readers. The “Diabetes Warrior” A few years ago, Steve was “obese, sedentary, [and] recently diagnosed with diabetes.” … More
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This is the last of our four-part series on Occupy Wall Street, transcribed from a recent Heritage Foundation event on the movement. In part four, Eric Teetsel, executive director of the Manhattan Declaration, explains why he’s hopeful about the Occupy movement. Teetsel believes some Occupiers, particularly young members of the movement, are headed in the right direction but need a helping hand on issues such as free enterprise, individual liberty, the rule of law and moral realism. Part 4: Capitalist Evangelism I was talking to my friend about this event … More
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What do a legendary guitar maker and a lobster importer have in common? Both are alleged to have run afoul of the Lacey Act, one of the most egregious, overcriminalized statutes on the books. Now some Members of Congress are working to inject some much-needed fairness into the justice system. Originally enacted in 1900 as a modest law designed simply to protect states against poachers who fled across state lines, the Lacey Act today makes it a federal crime to import fish, wildlife, or plants in violation of any foreign … More
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Prosecution for exercising one’s free speech rights is becoming a trend in the current Administration and the Department of Justice (DOJ). Earlier this month, the Legal Center highlighted the DOJ’s outrageous prosecution of Mary Susan Pine, a pro-life advocate. Thankfully, when the rubber hit the road, the DOJ lawyers had nowhere to go, and the suit was dropped. Pine is able to continue her ministry of standing near an abortion clinic to talk to women about abortion. Julian P. Heicklen, an 80-year-old retired chemistry professor and advocate of jury nullification, … More
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For the second year in a row, the U.S. Supreme Court will hear an immigration case out of the State of Arizona. And for the second time is as many years, the Obama administration has sued the State of Arizona in the hopes of stopping its state law aimed at curbing the problem of illegal immigration. The Heritage Foundation will host a distinguished panel next Monday, April 23rd, to preview the arguments next week before the Supreme Court. To RSVP, click here. Recall that on May 26, 2011, the Court … More
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Imagine the police knocking on your door because you mistakenly forgot to fill out an obscure form required by foreign law before opening up a small business. Imagine your 80-year-old mother being arrested for failing to place the appropriate sticker on an otherwise properly shipped package. Imagine your cancer-stricken neighbor being criminally charged for failing to trim the shrubbery in front of their house. Or imagine your child being prosecuted for eating a French fry in a public place. Unfortunately, none of these situations is imaginary. While delivering the keynote … More
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The political battle over Wisconsin Governor Scott Walker’s (R) recall is heating up. Four Democrats have filed paperwork to appear on the ballot opposite Walker, and the President’s re-election team has joined the fray, attacking Walker by name. The conflict has even infected the supposedly independent state judiciary. Recent investigations have revealed no less than 29 Wisconsin state circuit court judges who signed recall petitions against the sitting governor, raising the specter of ethics violations and political bias by ostensibly nonpartisan judges. Judges are expected, according to their code of … More
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