The “overcriminalization” of federal law has generated much attention, as evidenced by the proliferation of books, articles, and Web sites devoted to decrying the continued expansion of federal criminal law. Though responsible for the trend, Congress has joined the chorus, holding hearings last year on the “Over-Criminalization of Conduct/Over-Federalization of Criminal Law.”
Recently, Senator Jim Webb (D-Va.) has introduced legislation, entitled the National Criminal Justice Commission Act of 2010, calling for the creation of a “blue-ribbon, bipartisan commission of experts charged with undertaking an 18-month top-to-bottom review of the nation’s criminal justice system and offering concrete recommendations for reform.” The legislation has passed the U.S. House of Representatives and currently is before the Senate.1 This article examines some of the issues and proposals for reform likely to be reviewed by such a commission should the legislation be enacted.
Federal Criminal Law
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