Is John Yoo a Total Hack, or What?
Should Everyone Be Required to Register?

Review of Overcriminalization Book

The Federalist Society has finally gotten around to uploading the most recent issues of Engage onto its website.  Among other interesting articles is this book review (warning: it's a large pdf) of Go Directly to Jail: The Criminalization of Amost Everything (which I previously discussed here).  Among other gems in the article is this one:

When criminal law was focused on punishing “traditional” crimes whose wrongfulness was known to all, the principle that “ignorance of the law is no excuse” had meaning. For there is no reason to suppose that anyone is reasonably ignorant of the prohibition against murder or robbery. But when the criminal prohibition is now contained in a plethora of [civil] regulations ... the presumption of knowledge is invidious. It creates, in effect, “absolute liability” where those who act in the context of an economic enterprise act at their own peril.

Amen to that.

Comments