A new study for the Federalist Society finds that the U.S. Code now defines well over 4,000 crimes, and that the count has risen by more than a third since the early 1980s. A substantial share of the newer offenses, around a third, are environmental in nature, and the rate of enactment of federal criminal statutes spikes in election years, finds the author, Prof. John S. Baker, Jr. of Louisiana State University Law Center. Moreover, the trend is toward a chipping away of the traditional requirement for a mens rea — that is, a guilty or otherwise knowing state of mind — in favor of the criminalization of what may be inadvertent regulatory infractions. (“Measuring the Explosive Growth of Federal Crime Legislation”, study in PDF format/supplementary reading). More: William L. Anderson and Candice E. Jackson, “Washington’s Biggest Crime Problem”, Reason, Apr.
Posts Tagged ‘crime and punishment’
Fingerprint evidence
Not quite the infallible science it seemed, as many were beginning to grasp even before the fiasco of the Brandon Mayfield case. (Jennifer L. Mnookin (University of Virginia Law School), “The Achilles’ Heel of Fingerprints”, Washington Post, May 29). More: David Feige, “Printing problems”, Slate, May 27.
Next time maybe he should just litter?
Andy Chasin tossed a FedEx airbill — just the one piece of paper — in a trash receptacle near his District of Columbia home. Thirteen days later, he was served with a $35 ticket from the city’s Department of Public Works charging him with Improper Use of Public Litter Receptacles: statute 24 DCMR 1009.1 provides that “Public wastepaper boxes shall not be used for the disposal of refuse incidental to the conduct of a household, store, or other place of business. …” Official inspectors, it turns out, rummage through the litter in search of items that should have been disposed of in home or office trash. “I tell people all the time: Don’t put anything with your name on it in a public trash can,” says Mary Myers, spokeswoman for the city’s Department of Public Works. (Marc Fisher, “When It Comes To Waste, D.C. Is Priceless”, Washington Post, Mar. 24).
Prison builders sued after serial killer’s suicide
“The mother of accused serial killer Maury Travis, whose bizarre hanging death in the St. Louis County Justice Center was ruled a suicide, filed a suit Friday against the county, the architects who designed the jail and the contractors who built it.” Authorities believe Travis committed as many as twenty murders; he hanged himself in his prison cell after leaving a note. (Peter Shinkle, “Mother of accused serial killer sues over death in jail”, St. Louis Post-Dispatch, May 15)(via Brian Noggle)(& letter to the editor, Jun. 22).
New York’s Martin Act: Spitzer’s blank check
Why is New York Attorney General Eliot Spitzer so feared by the state’s financial community? A major reason is a little-known piece of 1921 New York legislation called the Martin Act, aimed at financial fraud. “It empowers him to subpoena any document he wants from anyone doing business in the state; to keep an investigation totally secret or to make it totally public; and to choose between filing civil or criminal charges whenever he wants. People called in for questioning during Martin Act investigations do not have a right to counsel or a right against self-incrimination. Combined, the act’s powers exceed those given any regulator in any other state.
“Now for the scary part: To win a case, the AG doesn’t have to prove that the defendant intended to defraud anyone, that a transaction took place, or that anyone actually was defrauded. Plus, when the prosecution is over, trial lawyers can gain access to the hoards of documents that the act has churned up and use them as the basis for civil suits.” Important reading (Nicholas Thompson, “The sword of Spitzer”, Legal Affairs, May-June). Radley Balko comments (May 12), and see our Jan. 17 item. More on Spitzer’s financial enforcement: Dec. 17, 2003; Jun. 17-18 and Oct. 30-31, 2002; Mar. 31-Apr. 2, 2000.
Lie to your company’s lawyer, go to jail
“Until last month, lying to your own company’s lawyers was not a crime. Now it is. Defense lawyers and civil libertarians are expressing alarm at the government’s aggressive use of obstruction of justice laws in its investigation of accounting improprieties at Computer Associates, the giant software company.” Among sources of the pressure to cut a deal with prosecutors rather than fight: in March Jamie Olis, a mid-level executive at natural gas firm Dynegy, was found guilty of accounting fraud in a scheme to please Wall Street by hyping earnings and sentenced to 24 years in prison. The guy would have been a lot better off to have gunned down someone on the street instead, or even tried to grow psychedelic mushrooms (see Dec. 6). (Alex Berenson, “Case Expands Type of Lies Prosecutors Will Pursue”, New York Times, May 17)(& letter to the editor, Jun. 22).
“Is talking about online gambling illegal?”
According to the U.S. Department of Justice, running an ad for an offshore Internet casino may amount to “aiding and abetting” illegal gambling, a felony punishable by up to two years in prison. Rendering banking, computer-security or public-relations services to such a website — or maybe even mentioning its name — might constitute a violation as well, and it matters not that the site may be entirely lawful in the country from which it operates. Although it is far from clear that U.S. prosecutors could actually obtain convictions that would stand up on such charges, both Google and Yahoo have capitulated and agreed to stop running such ads, which “illustrates the chilling effect of vague laws in the hands of ambitious prosecutors,” writes Jacob Sullum. (“Abetting betting”, syndicated/Reason, Apr. 9). Update Aug. 9: and here come the class action suits.
Inmate lawsuit scam busted
According to a recently filed indictment, three “maximum-security” inmates at the D.C. jail plotted to smuggle a gun in–not for reasons of revenge or escape, but, rather, to shoot themselves and then sue the city for failing to protect them from an “unknown” assailant. And, indeed, they did succeed in getting a gun into the jail, shooting themselves, and reporting themselves as victims of an unknown criminal. Unfortunately for these budding Professor Moriartys, they also shot a fourth inmate who now claims he did not want to be shot, and he broke up the scheme. A lawyer for one of the other three maintains that the shootings were the result of innocent bystanders being shot from a drug deal gone bad. (Henri E. Cauvin, “Inmates Charged With Plot to Get Shot, Sue D.C.”, Washington Post, Apr. 8).
Inmates’ fraudulent liens
Across the country, reports Court TV, prison inmates are harassing lawyers and court personnel by filing liens against them for supposed violations of the inmates’ copyright in their own names. The copyright-in-one’s-name premise may be supremely absurd — an egregious example of the homespun legal reasoning I once described, in the context of tax protests, as “folk law” — but it works surprisingly well as a means of harassment: the target’s credit standing may be frozen until he manages to get the lien on his house removed, which can be an expensive and time-consuming undertaking (Emanuella Grinberg, “What’s in a name? A fortune, some inmates say”, Court TV, Mar. 17). Curmudgeonly Clerk (Mar. 30) cites several federal cases that have arisen from this abuse (complete with an opinion by Judge Easterbrook) and points out that despite the Prison Litigation Reform Act of 1995, the system clearly has a way to go in curbing unfounded inmate litigation.
Prosecuting the innocent, without consequences
Yesterday’s (Sunday’s) New York Post ran my review of Dorothy Rabinowitz’s just-out-in-softcover No Greater Tyrannies, about abuse-hysteria prosecutions. An excerpt: “In 1696, four years after the Salem executions, the Massachusetts colony held a day of contrition and collective soul-searching. Today, the persecutors seldom apologize; instead they tend to rise upward. Scott Harshbarger, D.A. in the Amirault case, went on to become attorney general of his state and now heads Common Cause, in which capacity he lectures the rest of us on ethics and good government.” (Walter Olson, “Salem Is Still With Us”, New York Post, Mar. 21). The New York Times reports that wrongful convictions, even when serious prosecutorial error or misconduct is involved and even when the accused was evidently innocent, seldom result in any career consequences for local prosecutors (Andrea Elliott and Benjamin Weiser, “When Prosecutors Err, Others Pay the Price”, New York Times, Mar. 21). And the Wall Street Journal has reprinted Ms. Rabinowitz’s column about the amazing ordeal gastroenterologist Patrick Griffin went through on charges of sexually abusing a patient, which culminated in his eventual acquittal on retrial — though by that point his medical license had been yanked and his practice was in ruins (“The Doctor’s Story”, Wall Street Journal, May 24, 2000). (via GruntDoc) (see also Jan. 8, Sept. 1)