As Criminal Laws Proliferate, More Are Ensnared

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    Jul 25, 2011 1:34 PM GMT
    It's frightening that a lot of Americans are breaking federal law without knowingly or maliciously doing so and can be charged and imprisoned for it.

    http://online.wsj.com/article/SB10001424052748703749504576172714184601654.html

    There are also thousands of regulations that carry criminal penalties. Some laws are so complex, scholars debate whether they represent one offense, or scores of offenses.

    Counting them is impossible. The Justice Department spent two years trying in the 1980s, but produced only an estimate: 3,000 federal criminal offenses.

    The American Bar Association tried in the late 1990s, but concluded only that the number was likely much higher than 3,000. The ABA's report said "the amount of individual citizen behavior now potentially subject to federal criminal control has increased in astonishing proportions in the last few decades."

    A Justice spokeswoman said there was no quantifiable number. Criminal statutes are sprinkled throughout some 27,000 pages of the federal code.

    There are many reasons for the rising tide of laws. It's partly due to lawmakers responding to hot-button issues—environmental messes, financial machinations, child kidnappings, consumer protection—with calls for federal criminal penalties. Federal regulations can also carry the force of federal criminal law, adding to the legal complexity.

    With the growing number of federal crimes, the number of people sentenced to federal prison has risen nearly threefold over the past 30 years to 83,000 annually. The U.S. population grew only about 36% in that period. The total federal prison population, over 200,000, grew more than eightfold—twice the growth rate of the state prison population, now at 2 million, according the federal Bureau of Justice Statistics

    Tougher federal drug laws account for about 30% of people sentenced, a decline from over 40% two decades ago. The proportion of people sentenced for most other crimes, such as firearms possession, fraud and other non-violent offenses, has doubled in the past 20 years.
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    Jul 25, 2011 4:47 PM GMT
    It is part of the "damned if you do, damned if you don't" of life in the USA.

    If some powerful politico or interest that he protects wants to trump up some charges against a target, there is little that the target can do other than drop his fortune into defending and clearing his name.

    Or worse, getting whisked off to some foreign plot of land where anything might happen to you.