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Thursday, April 9, 2015

The Over-Criminalization of America Isn’t Just Too Many Laws…… it’s Because of Prosecutorial Discretion, Overcharging and Stacking Charges, Dissolution of Mens Rea, Limited Financial Means for Most Citizens, Unlimited Prosecutorial Funds, Mandatory Minimum Sentences, Standard Plea Bargaining, Truth-in-Sentencing (elimination of parole) and Absolute Prosecutor Immunity

 
While reading this editorial (George Will: When everything is a crime http://www.washingtonpost.com/opinions/when-everything-is-a-crime/2015/04/08/1929ab88-dd43-11e4-be40-566e2653afe5_story.html?wprss=rss_homepage ) which I highly recommend...... I clicked on the link to the below paper and I liked it so much I decided to share it. 

I’ve said it before…….. plea bargains should be banned, if a Prosecutor can not prove guilt beyond a reasonable doubt to a judge and or/ jury then a conviction should not be allowed, seems that Mr. Reynolds agrees.

Mary
 

Ham Sandwich Nation: Due Process When Everything Is a Crime
July 2013
Glenn Harlan Reynolds
 

Introduction 

Prosecutorial discretion poses an increasing threat to justice. The threat has in fact grown more severe to the point of becoming a due process issue. Two recent events have brought more attention to this problem. One involves the decision not to charge NBC anchor David Gregory with violating gun laws. In Washington D.C., brandishing a thirty-round magazine is illegal and can result in a yearlong sentence. Nonetheless, the prosecutor refused to charge Gregory despite stating that the on-air violation was clear.1 The other event involves the government’s rather enthusiastic efforts to prosecute Reddit founder Aaron Swartz for downloading academic journal articles from a closed database. Authorities prosecuted Swartz so vigorously that he committed suicide in the face of a potential fifty-year sentence.2

Both cases have aroused criticism. In Swartz’s case, a congresswoman has even proposed legislation designed to ensure that violating a website’s terms cannot be prosecuted as a crime.3 But the problem is much broader. Given the vast web of legislation and regulation that exists today, virtually any American bears the risk of being targeted for prosecution.