The Growing Complexity of American Criminal Law
In a recent testimony before the U.S. House Judiciary Subcommittee on Crime and Federal Government Surveillance, GianCarlo Canaparo, Senior Legal Fellow at the Heritage Foundation, emphasized a critical issue: the proliferation of criminal laws makes it nearly impossible for individuals to be aware of what constitutes a crime. This article distills key points from Canaparo’s statement to explore the implications for the American legal system.
Understanding Criminal Law: Malum in Se vs. Malum Prohibitum
The legal maxim “ignorance of the law is no excuse” implies that individuals should be aware of and understand legal statutes. This principle traditionally applies to crimes that are universally recognized as immoral, known as malum in se (wrong in itself), such as murder and theft. Conversely, malum prohibitum (prohibited because it is illegal) offenses often concern regulatory issues that may not carry the same moral weight.
The Challenge of Complexity
Canaparo raises an important question: What happens when laws relating to malum prohibitum offenses are poorly publicized and exceedingly complex? He cites absurd examples, such as the legal requirement for Swiss cheese to contain holes. Such laws can exist among thousands of others scattered across a vast legislative framework, leading to a system where ignorance doesn’t protect individuals from prosecution.
Prevalence of Absurd Laws
- Prohibitions on selling tufted mattresses unless specific conditions are met.
- Requirements for bacon packaging to have a transparent window revealing a specific percentage of the contents.
- Strict rules around toy marbles and small balls, necessitating detailed labels.
Implications for the Rule of Law
The legal framework’s complexity undermines a fundamental principle of the rule of law: that laws must be knowable. Canaparo argues that the sheer volume of federal and state laws in the U.S. has led to a landscape where ordinary citizens cannot realistically be expected to understand or comply with all legal requirements. This situation poses a serious threat to equitable law enforcement, which can lead to perceptions of bias and unequal application of the law.
A Growing Body of Federal Offenses
Canaparo highlighted a collaborative study, revealing an estimated 5,199 federal crimes in the U.S. Code as of 2019. This number excludes an unknown quantity of additional violations detailed in the Code of Federal Regulations (CFR), which complicates matters even further for citizens trying to navigate legal obligations. For context, previous estimates suggested that there could be up to 300,000 regulatory crimes in the CFR alone.
Real-World Consequences
Despite the often ridiculous nature of these laws, individuals still face legal repercussions. For instance:
- A father and son faced felony charges for attempting to collect arrowheads while camping.
- Abbie Schoenwetter was sentenced to nearly eight years for violating foreign laws concerning the importation of lobsters.
- Race car driver Bobby Unser found himself prosecuted for leaving a snowmobile in a wilderness area during a life-threatening blizzard.
The Decline of Mens Rea
A crucial element of criminal law has historically been mens rea, or the intention behind a crime. The rise of malum prohibitum offenses often lacks this requirement, meaning individuals can be prosecuted for actions they didn’t intend to commit or even know were illegal. As a result, Canaparo contends that the justice system increasingly turns into a mechanism for punishment disconnected from moral intent.
Proposed Reforms
Looking to the future, Canaparo advocates for significant legal reforms, including:
- Counting and reviewing existing federal laws to streamline criminal statutes.
- Implementing a default mens rea requirement for all federal crimes lacking one.
- Establishing a mistake-of-law defense, allowing defendants to claim ignorance in certain circumstances.
These proposed changes could help restore fairness in the justice system and ensure that individuals are not unjustly punished for rarely enforced or obscure regulations.
Conclusion
The complexity and volume of America’s criminal laws present significant challenges for legal comprehension and enforcement. As highlighted in GianCarlo Canaparo’s testimony, it is essential for legislators to address these issues to uphold the integrity of the legal system and protect individual liberties.
For further insights into this pressing issue, refer to the full statement by GianCarlo Canaparo at the Heritage Foundation.
