Overcriminalization

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Overcriminalization describes the trend to use the criminal law rather than the civil law to solve every problem, to punish every mistake, and to compel compliance with regulatory objectives.[1]

The focus on Overcriminalization is a major effort on part of the Heritage Foundation, having published papers on the topic such as "Overcriminalization: An Explosion of Federal Criminal Law".[2]

Harvey Silverglate wrote a book highlighting how the average American commits 3 felonies per day due to excessive regulation.[3][4]

Some libertarians and progressives[5] try to cast overcriminalization in light of the war on drugs, but there are somewhere in between 300,000 and 400,000 rules that could be considered a federal offense[6] that go well beyond that scope.

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