Overcriminalization is the concept that criminalization has become excessive, meaning that an excessive number of

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

s and

regulation Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...

s deeming conduct

illegal Illegal, or unlawful, typically describes something that is explicitly prohibited by law, or is otherwise forbidden by a state or other governing body. Illegal may also refer to: Law * Violation of law * Crime, the practice of breaking the ...

have a detrimental effect on society, particularly with respect to

victimless crimes A victimless crime is an illegal act that typically either directly involves only the perpetrator or occurs between consenting adults. Because it is consensual in nature, whether there involves a victim is a matter of debate. Definitions of vi ...

and actions which make conduct illegal without criminal intent on the part of the individual.

United States

In 2014, the

Manhattan Institute for Policy Research The Manhattan Institute for Policy Research (renamed in 1981 from the International Center for Economic Policy Studies) is a conservative American think tank focused on domestic policy and urban affairs, established in Manhattan in 1978 by Anto ...

began to study the issue of overcriminalization, the idea that state and federal criminal codes are overly expansive and growing too quickly. At the federal level alone, Institute fellows identified over 300,000 laws and regulations whose violation can lead to prison time. The Institute asserts that this puts even well-meaning citizens in danger of prosecution for seemingly innocuous conduct. From 2014 to 2016, the Institute produced reports on the status of overcriminalization in five states (

North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and ...

Michigan Michigan () is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the List of U.S. states and ...

South Carolina )'' Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...

Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...

, and Oklahoma) and has continually added more state-specific research. ''

National Review ''National Review'' is an American conservative editorial magazine, focusing on news and commentary pieces on political, social, and cultural affairs. The magazine was founded by the author William F. Buckley Jr. in 1955. Its editor-in-chief ...

'' has described

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

Justice Neil Gorsuch as "a sharp critic" of overcriminalization.

United Kingdom

According to the

Law Commission A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...

, the rate of introduction for new criminal offenses has increased drastically since 1997, with 3,000 new offenses having been added to the statute book between 1997 and 2010. The accusation of overcriminalization has been challenged by Chalmers and Leverick.

References

External links

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Criminology {{criminology-stub