Last week, George Will wrote about Marine biologist Nancy Black, who has been under criminal investigation for years in connection with a 2005 incident in which a crew member on her whale-watching ship whistled at a humpback whale. (Yes, you read that right.) The Wall Street Journal previously reported that Ms. Black was not charged with interfering with the whale, but with making a false statement to government investigators when she edited a videotape of the incident in order to highlight the whistling. Ms. Black is also under investigation for illegally "feeding" killer whales, when she cut a hole in a strip of blubber (which the orcas had torn off a gray whale they had killed, and on which they were already feeding) in order to photograph the whales. Ms. Black's home has been raided, her files and computers seized, her accountant subpoenaed, and her life savings depleted. George Will likens the situation to Kafka, but when examining whether this is how the criminal law should work, we might ask ourselves, as the Pequod's crew did, is this what we shipped for?
Is This What We Shipped For? US Government's Pursuit of Marine Biologist Nancy Black Continues
- Bond v. U.S.
- A Poster Child for Overcriminalization: The History of the Lacey Act
- Opposing FCPA Overcriminalization
- The Detrimental Effects of Extreme Deterrence
- Debate Concludes: The need for a reasonable mistake of law defense
- Reply: Never underestimate a defense lawyer's imagination
- A Debate: The need for a reasonable mistake of law defense
- Follow the debate: Overcriminalization is a problem, but a 'mistake of law defense' is not the right solution
- New Featured Discussion: Reconsidering the 'mistake of law defense' in the battle against overcriminalization
- Teen Sexting, Youthful Mistake or Felony?
- New Podcast: Federal overcriminalization hurts Ohioans
- Illinois, Chicago treats small businesses like they're a problem
- A better solution to prison overcrowding
- Whose Intent is it Anyway? The Case for State Flexibility in Criminal Law
- Recklessly Jailing Bankers
Center for Legal Policy at the