by Evan Bernick
The Heritage Foundation
January 09, 2014
Concerned citizens should bring “sunlight” to overcriminalization incidents in the hopes of generating adverse publicity. They should urge not only that bad criminal laws be repealed and that vague criminal laws be clarified but also that the people who inadvertently violate these laws should not be arrested or charged unless they had clear notice that this conduct could subject them to criminal liability. In this way, Brandeis’s insight into the power of publicity can be used to mitigate the impact of overcriminalization.

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