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Thread: North Carolina Overcriminalization: Update 2017

  1. #1

    North Carolina Overcriminalization: Update 2017

    In May 2014, the Manhattan Institute published Overcriminalizing the Old North State: A Primer and Possible Reforms for North Carolina. The study showed that North Carolina had a criminal code that contained 765 sections—more than six times as many as in the Model Penal Code. North Carolina lawmakers created 204 new crimes during 2009–14, of which 55% fell outside the state’s criminal code. Many of these new crimes, about half of which were felonies, did not did not require the state to make a showing of criminal intent (mens rea) on the part of the accused.

    In the 2015–16 legislative session, the North Carolina General Assembly created 114 new criminal offenses. Among the newly created offenses, 22% were felonies and 78% fell outside the state’s criminal code.

    The Manhattan Institute’s 2014 study recommended the creation of “a commission to review the criminal law, one charged with consolidating, clarifying, and optimizing North Carolina’s criminal statutes.” This recommendation now appears to have legislative momentum: lawmakers led by Representative Dennis Riddell (R., Alamance) have drafted legislative language—included in several bills currently under consideration—that would create a “Criminal Code Recodification Commission.” As currently drafted, this legislation would charge the commission with eliminating “unnecessary, inconsistent, or unlawful provisions in the code” and placing limits on “the ability of administrative boards, agencies, local governments, or other entities to create crimes.” It also specifically mentions the absence of criminal-intent requirements in many North Carolina criminal statutes.

    The North Carolina General Assembly reconvenes for a special session on August 3, 2017, and is scheduled to go into session again in September. Ideally, the legislation could be enacted this summer or fall to jump-start the commission’s efforts; if not, one hopes that the legislature will take it up when it reconvenes in January 2018.
    https://www.manhattan-institute.org/...017-10505.html

    As currently drafted, this legislation would charge the commission with eliminating “unnecessary, inconsistent, or unlawful provisions in the code” and placing limits on “the ability of administrative boards, agencies, local governments, or other entities to create crimes.”20
    In addition, many of the new laws enacted in 2015 and 2016, in keeping with trends documented in our earlier report,11 grant unelected administrative authorities the effective power to add new crimes to the state’s books
    ^^^ Bureaucratic fatwahs ^^^

    full pdf.....

    https://www.manhattan-institute.org/...IB-JC-0717.pdf
    Last edited by phill4paul; 08-03-2017 at 03:52 PM.
    Theye have refused their Assent to Laws, the most wholesome and necessary for the public good.

    Theye have erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

    Theye kept among us, in times of peace, Standing Armies

    Theye have combined with others to subject us to a jurisdiction foreign to our constitution,

    For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

    For cutting off our Trade with parts of the world:

    For imposing Taxes on us without our Consent:

    For depriving us in many cases, of the benefit of Trial by Jury:

    Theye plundered and destroyed the lives of our people.

    Theye are at this time transporting Armies of Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy of a civilized nation.



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  3. #2
    Getting farther away from local governance is never a good thing...

    If you can't knock on the government agents door on a Sunday morning before church they're too far removed.

  4. #3
    Quote Originally Posted by tod evans View Post
    Getting farther away from local governance is never a good thing...

    If you can't knock on the government agents door on a Sunday morning before church they're too far removed.
    You must spread some Reputation around before giving it to tod evans again.
    [T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table. (Heller, 554 U.S., at ___, 128 S.Ct., at 2822.)

    How long before "going liberal" replaces "going postal"?

  5. #4
    Quote Originally Posted by tod evans View Post
    Getting farther away from local governance is never a good thing...

    If you can't knock on the government agents door on a Sunday morning before church they're too far removed.
    And these fatwahs came about under a Republican house, senate and governorship. Which is why I want to slap the $#@! out of anyone telling me how great Republicans are and how much better they are than Democrats. No party likes regulatory oversight and corresponding laws and criminalization better than N.C. Republicans.
    Theye have refused their Assent to Laws, the most wholesome and necessary for the public good.

    Theye have erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

    Theye kept among us, in times of peace, Standing Armies

    Theye have combined with others to subject us to a jurisdiction foreign to our constitution,

    For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

    For cutting off our Trade with parts of the world:

    For imposing Taxes on us without our Consent:

    For depriving us in many cases, of the benefit of Trial by Jury:

    Theye plundered and destroyed the lives of our people.

    Theye are at this time transporting Armies of Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy of a civilized nation.



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