Overcriminalization

Abstract

Overcriminalization is becoming a topic of significant social concern. Criminal justice professionals do not unanimously agree on a definition for overcriminalization, but agree that it is a term that is better understood in specific scenarios. The lack of an universal definition is attributed to the complex nature of the topic. This complexity is attributed to a variety of factors and offenses that include: overlapping offenses, ancillary offenses, inchoate offenses, vicarious liability offenses, and judicially mistaken offenses. Further instances of overcriminalization are attributed to the uncontrollable creation of new criminal law. While no specific solution has been determined, criminal justice professionals have offered a variety of solutions to addressing the issue of overcriminalization that include: decriminalizing certain offenses, utilization of the principal of proportionality, utilizing the doctrine of desuetude, and utilizing a cost‐benefit analysis when creating new legislation. Although solutions have been proposed, a general lack of empirical evidence indicates that further research needs to be conducted before a more accurate solution to the issue of overcriminalization can be found and utilized.