"You're Under Arrest!": Overcriminalization with Brian Walsh

Guest: Brian Walsh


You're under arrest! Three words no law-abiding citizen ever wants – or expects – to hear. Yet the dreaded possibility of unwittingly committing a crime still looms, and ever more so with the growing number of federal criminal laws on the books. Looking at just a two-year window, members of the 109th Congress (2005-2007) proposed 446 non-violent criminal offenses and enacted 36 of them. In many cases, these laws were ambiguous and failed to consider whether or not the “perpetrator” had guilty intent – the hallmark of a crime by most definitions. What has led us into this age of overcriminalization? Heritage Foundation scholar Brian Walsh says it’s little more than laziness and sloppy writing on the part of the Congress. Congress’s lack of oversight and increasing delegation of legislative authority to the executive branch has created a perfect storm of unaccountability – one that could land you in trouble without your knowledge. Tune in to hear Bob and Brian discuss how groups like Heritage and the National Association of Criminal Defense Lawyers are gradually helping improve Congress's record. But can we roll back these bad laws before it's too late?