Thursday, July 3, 2014

Regulatory Overcriminalization and Plea Bargaining - Congressional Testimony Update

In November 2013, I testified before the United States House of Representatives' Committee on the Judiciary Over-Criminalization Task Force.

During my testimony, I examined the phenomenon of over-criminalization, particularly in the regulatory area, and offered several recommended solutions for Congressional adoption. First, I recommended the adoption of a default rule for mens rea. Second, I recommended the adoption of a default rule applying mens rea to all material elements of an offense. Third, I recommended the codification of the Rule of Lenity. Finally, along with some additional recommendations for consideration, I discussed the role of plea bargaining in the U.S. criminal justice system and encouraged the Task Force to more closely examine this issue in the future.

My written testimony from that hearing is now available on SSRN for free download by clicking here.

A previous post regarding my testimony is available by clicking here.

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