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Crossing a New York street with your iPod on could get you a $100 fine. A Texas bill could make missing a parent-teacher conference a criminal offense. And releasing a balloon into the air in New Hampshire could ring in a $250 penalty for littering.
As states finish up their legislative meetings, a number of quirky bills may be passed—and some legal critics fear this will lead to overcriminalization.
“The criminal law has become an all-purpose tool for legislators to signal that they are serious about whatever the social problem of the month is, and that’s really a dangerous tendency,” said Gene Healy, author of “Go Directly to Jail: The Criminalization of Almost Everything.”
While it’s hard to count the total number of criminal offenses, there are over 4,000 on the federal level, Healy adds.
Criminal Offense or Bizarre Bill?
Luckily many unusual bills don’t pass. For example, a proposed law in Louisiana that would outlaw “low-rise” jeans was rejected, as was a similar Virginia bill that would have fined violators $50 for intentionally revealing their underwear.
However, some other odd bills actually find their way into the books. An Illinois law now cracks down on election candidates who take on Irish names for more votes and in Arkansas, new legislation bans protests an hour before or after a funeral service, as well as anywhere within 300 feet of the event.
According to Healy, “the criminal law is society’s most powerful moral sanction and it ought to be reserved for those sorts of really dangerous and blameworthy offenses that you’re willing to lock people up for.”
Other critics blame lawmaker’s reactions on society’s post-Sept. 11 fears. “People are frightened and scared, and when people are scared, part of the reaction is to criminalize everything,” said Bill Moffitt, former president of the National Association of Criminal Defense.
“The question is: Can we incarcerate ourselves out of fear? And we’re not going to be able to do that. We can’t lock up everyone; we already have too many people in prison.”
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