(Source: The Heritage Foundation) Overcriminalization continues to ensnare average citizens in the criminal justice system for committing acts that are not morally blameworthy. Furthermore, these citizens are being prosecuted for crimes that most people would not even recognize as criminal offenses. Punishing someone who is morally blameless is unjust and engenders disrespect for the U.S. legal system. In order to help ameliorate the serious problems created by overcriminalization, a "mistake of law" defense should be added to the criminal law. Such a defense should exculpate morally blameless parties without creating a loophole for miscreants. Both goals can be attained by using a...
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