The conservative approach to criminal justice:
fighting crime, supporting victims, and protecting taxpayers.

Creeping Overcriminalization Threatens Ordinary Citizens

| November 6, 2014

fishermanA fisherman is currently facing trial with the possibility of twenty years in prison for losing three fish. This type of rampant expansion of criminality endangers all people, and neglects a long honored judicial doctrine, the rule of lenity. This ensures that if there is a statute with two reasonable readings, the one that can be construed more leniently for the defendant must be chosen. This is a key protection of citizens’ rights in the criminal court, and ignoring it sets a dangerous precedent.

These days, calls for criminal justice reform are loudest on the political right. Corrections reform has advanced rapidly in conservative states like Texas and Georgia; Republicans like Mike Lee and Rand Paul are vocal advocates for reforming mandatory minimum sentencing; and Koch Industries is involved in a major project to improve indigent defense.

There are many reasons conservatives are engaging so deeply with criminal justice. One notable reason is that they tend to notice creeping “overcriminalization,” causing them to reflect more broadly upon the entire justice system.

 

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RIGHT ON CRIME is a national campaign to promote successful, conservative solutions on American criminal justice policy—reforming the system to ensure public safety, shrink government, and save taxpayers money. By sharing research and policy ideas and mobilizing strong conservative voices, we work to raise awareness of the growing support for effective reforms within the conservative movement. We are transforming the debate on criminal justice in America.

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