There are now more than 4,000 federal crimes, spread out through some 27,000 pages of the U.S. Code. Some years ago, analysts at the Congressional Research Service tried to count the number of separate offenses on the books, and gave up, lacking the resources to get the job done...(HT: Instapundit) So much for limited government in a free country. Note that the impetus is bipartisan. (Note also bipartisan legalization of things like intellectual-property banditry and expansive eminent domain.)
You can serve federal time for interstate transport of water hyacinths, trafficking in unlicensed dentures, or misappropriating the likeness of Woodsy Owl and his associated slogan, "Give a hoot, don't pollute."...Bills currently before Congress would send Americans to federal prison for eating horsemeat or selling goods falsely labeled as "Native American."
"Is that the system we have, that Congress can say, nobody shall do any bad things?" an exasperated Scalia asked (Deputy Solicitor General) Drebeen. The system we have comes pretty close, unfortunately. And a federal criminal code that covers everything delegates to prosecutors and the police the power to pick their targets at will, leaving everyone at risk.
The law has become so complicated that Congressional researchers can't even enumerate the crimes that Congress has created? This is a job for...Artificial Intelligence!
Some public-spirited entrepreneur should create a software package that runs along the lines of a search engine. The enterprising prosecutor types in a target's behavior and the engine returns the crimes that are compatible with those actions.
In fact, every police department should have one! Initial versions might require an officer seeking a pretext for an arrest to call a dispatcher who will run the program and relay the options to the officer. Very quickly, however, voice recognition software can take the dispatcher out of the loop and automate the entire process.
(According to Healy's piece, Jim Webb is taking this issue on. Good for him. I'm glad I donated to his campaign against MacacAllen.)
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