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Ginjg

Joined: 04 Sep 2004
Posts: 6617
Location: Los Angeles |
Trivial conduct and over criminalization
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The conservative Heritage foundation runs a website called Overcriminalized.com:
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“Overcriminalization” describes the trend in America – and particularly in Congress – to use the criminal law to “solve” every problem, punish every mistake (instead of making proper use of civil penalties), and coerce Americans into conforming their behavior to satisfy social engineering objectives. Criminal law is supposed to be used to redress only that conduct which society thinks deserving of the greatest punishment and moral sanction.
But as a result of rampant overcriminalization, trivial conduct is now often punished as a crime. Many criminal laws make it possible for the government to convict a person even if he acted without criminal intent (i.e., mens rea). Sentences have skyrocketed, particularly at the federal level. |
I agree that many things are indeed needlessly criminalized. However, they seem to have an oddly skewed sense of "trivial conduct"
They firmly oppose H.R. 3513: Prevention and Deterrence of Crimes Against Children Act of 2009 as described on their site
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"This bill would increase penalties for a variety of offenses relating to child pornography, sex trafficking and child prostitution, and rape." |
What kind of minds consider this "trivial conduct" or "over criminalization."
Some of the other proposed laws they oppose for criminalizing trivial conduct address listed on their featured legislation page
hate crimes against the homeless
identity theft
coerced abortion
… and it goes on and on.
Interestingly, they mention "instead of civil penalties" but the heritage foundation is also on record against "frivolous lawsuits" and vilifies trial lawyers.
The HF also opposes decriminalization of marijuana, and claims a prolife stance. I guess that just applies to voluntary abortion, as they're clearly against criminalizing the coerced sort. _________________ To Learn is to Know
To Know is to Love
To Love is our aim
~~~~~~~
Why should we bother with immortality when we are eternal?
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Wed Aug 12, 2009 4:15 pm |
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Kar98

Joined: 31 Jul 2006
Posts: 3170
Location: Dallas, Texas |
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"This bill would increase penalties for a variety of offenses relating to child pornography, sex trafficking and child prostitution, and rape." |
Murphy: Do not kill, do not rape, do not steal, these are principles which every man of every faith can embrace.
Connor: These are not polite suggestions, these are codes of behavior and those of you that ignore them will pay the dearest cost.
Murphy: There are varying degrees of evil, we urge you lesser forms of filth not to push the bounds and cross over, into true corruption, into our domain.
Connor: For if you do, one day you will look behind you and you will see we three. And on that day, you will reap it.
Murphy: And we will send you to whatever god you wish. _________________ It finally happened. My conscience stopped working. I've never felt so free.
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Wed Aug 12, 2009 5:53 pm |
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Lavandula Girl

Joined: 08 Apr 2008
Posts: 1830
Location: A Connecticut Yankee in King Arnold's Court |
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Ginjg wrote: |
Lavandula Girl wrote: |
What the hell is a coerced abortion?! |
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H.R. 1822: Susan B. Anthony and Frederick Douglass Prenatal Nondiscrimination Act of 2009
Sponsor: Franks (R - AZ)
Official Title: A bill to prohibit discrimination against the unborn on the basis of sex or race, and for other purposes.
Status:
3/31/2009: Introduced
3/31/2009: Referred to House Judiciary Committee
Commentary:
This bill would prohibit performing an abortion “knowing that such abortion is sought based on the sex, gender, color or race of the child, or the race of a parent of that child,” using force or the threat of force to coerce such an abortion, and soliciting or accepting funds to finance such abortions. Violations would be punishable by criminal fines and imprisonment of up to 5 years. |
It's really a prototype anti-eugenics bill.
it's likely contradictory to Roe v Wade as it does make it necessary for a reason to be stated when electing for an abortion and allows a third party to invalidate that reason. However, evidently some young women are forced by family to abort their multiethnic fetuses. - that isn't trivial conduct
(*I avoid the word biracial/multiracial/interracial, etc. as it implies a human/nonhuman hybridizing). |
Jesus. That's just.... Jesus. I need to puke now. _________________ "No, I'm not a pessimist. At some point the world shits on everybody. Pretending it ain't shit makes you an idiot, not an optimist."
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Wed Aug 12, 2009 6:16 pm |
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