Criminal Justice Module 1 SLP

Enforcement Issue: Overcriminalization

Overcoming Overcriminalization by Stephen F. Smith, Journal of Criminal Law and Criminology June 22, 2012

Recent surveys show that over-criminalizaton has become a serious concern in the American justice system (Smith, 2012). The incidence has so increased that the phenomenon tends to degrade the very quality of the system. One very serious consequence is the imposition of unjust punishment. Over-criminalization occurs in cases of poorly defined crimes. These crimes are in themselves vast in scope and in punitiveness. As such, they tend to increase prosecutorial power and thwart the opportunity for fair warning towards criminal liability (Smith).

Upon investigation, the incidence proceeds from the imposition of more severe sanctions through expansive criminal statues, extension of reach and scope and duplications of federal criminal law (Smith, 2012). Reducing and overhauling the criminal code would be the suitable measure and this need not...
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