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A 12 Step Program For Overcriminalization

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The Texas Public Policy Foundation recently published 12 Steps for Overcoming Overcriminalization. Among its suggestions: identify and amend laws with weak or nonexistent mens rea requirements; establish a default mens rea for criminal statutes silent on this issue; enact the Rule of Lenity -- a canon of statutory construction -- as a statute; and eliminate the delegation to administrative agencies of the power to make criminal offenses of rules violations.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.