This panel will discuss overcriminalization in the federal judicial system. A growing bipartisan consensus is emerging that criticizes the overuse of federal criminal law to prosecute conduct that lacks moral blameworthiness, or has been traditionally handled by civil courts or administrative agencies. Recently, for the first time, a Supreme Court Justice used the word "overcriminalization" to characterize conduct that appeared far afield from traditional notions of federal prosecution.
The panel will consider the causes of overcriminalization, including the political pressure upon Congress to respond to pressing social issues by creating criminal statutes. We will also look at how the judiciary has traditionally given Congress great leeway in defining criminal conduct, even where statutes are arguably ambiguous or unclear as well as allowing overzealous prosecutors to stretch the limits of the law. The CLE will also address post-trial motions and appeals. In this regard, you will learn the necessary steps to file such motions or pursue an appeal. During the CLE, you will also learn strategies for success with respect to appeals and post-trial motions.
Key topics to be discussed:
- Overcriminalization – what does that term mean?
- What is the impact on our society?
- What are some examples of over-criminalization
- Pragmatic Solutions
[box type="info" border="full"]This CLE program is available in multiple formats, including live and on-demand versions. Select an option to begin. Notice: On-demand versions are made available 7 business days after the original recording date and will be sent in electronic format via email.[/box]
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