Lesmiserables syndrome is the prosecution of a minor infraction which catalyzes a series of major infractions. Innocent people suffer from lesmiserables syndrome, whereas kleptocrats enjoy impunity. Greek jails are full of lesmiserables, an injustice which will result in a major revolt against Graecokleptocrats. There is an elasticity limit to how much abuse innocent Greeks could tolerate from the Greek government, October-18 mafia.
On a clear day, xasteria, lesmiserables and taxstrucks will take their guns and shoot all Graecokleptocrats they could find. Lesmiserables do not need misereres, but guns. Greeks have reached the limit of elasticity, and now is the time to revolt. Sedition is now a patriotic duty. Greece has more seditionists than any other country of Fourth Reich.
Every day, new laws are created that make the yoke on citizens much heavier. Every new law is a new constraint on activity. This cannot go forever. Eventually people will revolt. To make it in life, you have to take risks. But this shakes the status quo of kleptocrats, who might lock you in jail! Kleptocrats want you to live a monotonous boring life, enslaved to kleptocratic wishes, under the statist yoke. But this kind of life is not worth living.
Overcriminalization provides prosecutors with unfettered control over broad swaths of criminal adjudication and legislative interpretation. The proliferation of vague and overly broad laws has given prosecutors the ability to stack criminal charges against defendants in a way that diminishes the likelihood of a criminal trial and increases the probability of either a guilty plea or a jury verdict.
Charge stacking is the ability to charge a large number of overlapping crimes for a single course of conduct. The potential for injustice is heightened when each of the crimes is vague and overly broad. However even if each of these offenses is narrowly defined to cover only serious misconduct, combining crimes enables prosecutors to get convictions in cases where there may be no misconduct at all. When deciding whether to plead guilty, any rational defendant takes account of the sentence the defendant may receive if he goes to trial and loses. By stacking enough charges, prosecutors can jack up the threat value of trial and thereby induce a guilty plea, even if the government's case is weak.
Overcriminalization gives prosecutors vast latitude to secure guilty verdicts. In the interpretive context, the proliferation of vague and overbroad criminal laws has given prosecutors the ability to apply vague, overly broad criminal laws to a vast array of conduct. The prosecutor essentially becomes a lawmaker, providing meaning and context to an otherwise open-ended statute or regulation.
The unprincipled growth of criminal law has also led to the inappropriate delegation of legislative authority to the judicial branch. Judges often must take it upon themselves to create meaning from vague, unbounded criminal offenses such as the honest services fraud statute. When interpreting the large number of imprecise and unclear mens rea (criminal-intent) requirements in statutory and regulatory criminal offenses, judges are essentially co-opted into rewriting the laws and finding meaning where there is none.
There are judicially created safeguards that courts could and should apply to grant the benefit of the doubt to a person accused of a vague, ambiguous, or overly broad criminal law. These safeguards include the constitutional void-for-vagueness doctrine that the Supreme Court used to narrow the honest services fraud statute as well as the common-law rule of lenity.
It is undoubtedly convenient and expedient for parliament to create imprecise, hastily drafted criminal laws and allow prosecutors and judges to interpret them as they will. The same can be said about authorizing unelected bureaucrats in agencies to make the crucial criminal-law decisions that will affect citizens' most fundamental rights and liberties. However, the fundamental duty for full deliberation over and precise crafting of every criminal law belongs to parliament. When parliament carries out this duty in a haphazard, imprecise manner, or expressly delegates it away to federal agencies, both individual citizens and the nation's system of constitutional government are harmed.
The wholesale expansion of criminal law, in both the number of offenses and the subject matter they cover, has become a major threat to civil liberties. When laws are vague, are overbroad, or lack adequate mens rea requirements, the procedural protections are inadequate to protect individual citizens from unjust criminal prosecution and punishment. This inadequacy is evidenced by the terrible toll that overcriminalization has taken on the lives of individuals, as well as the manner in which the expansion of criminal law has eaten away at the wide range of structural constitutional protections put in place.
Parliament's overcriminalization expands the power of the government beyond its constitutional limits. The proliferation of vague, overly broad federal criminal laws results in separation-of-powers violations and encroaches upon the rights of innocent citizens. The destructive constitutional implications of overcriminalization are one more compelling reason for parliament to rein in the unbridled and unprincipled growth of criminal statutes and regulations.
Criminal law has exploded in size and scope and deteriorated in quality. It used to focus on inherently wrongful conduct: treason, murder, counterfeiting, and the like. Today, an unimaginably broad range of socially and economically beneficial conduct is criminalized. More and more citizens who have worked diligently to abide by the law are being trapped and unjustly punished due to vague, overly broad criminal offenses. Parliament must halt its overcriminalization rampage.
Scores of government departments and agencies have created so many criminal offenses that the Congressional Research Service itself admitted that it was unable to even count all of the offenses. The service's best estimate? "Tens of thousands." In short, Congress's own experts do not have a clear understanding of the size and scope of criminalization. Three out of every five new non-violent offenses have inadequate criminal-intent requirements. This means that they fail to protect from unjust criminal punishment citizens who engaged in conduct that they did not know was illegal or otherwise wrongful.
Despite existing overcriminalization, Parliament continues to criminalize at an average rate of one new crime for every week of every year (including when its Members are not in session). All inherently wrongful conduct has been criminalized several times over, yet from 2000 through 2007, Congress enacted 452 new criminal offenses.
Before enacting any new criminal law, Congress should review the questions raised by the Criminal Law Checklist for Federal Legislators, which is produced by a wide coalition of organizations. Its questions help ensure that any new criminal laws stay within the bounds of fairness, the rule of law, and the U.S. Constitution.
Parliament should require written analysis for every new or modified criminal offense or penalty. Such a report should include a description of the problem that the new law is intended to redress, specific cases and concerns motivating the legislation, and an analysis of overlaps that the new law will have with existing federal and state law.
Law should codify the venerable rule of lenity. Rather than favoring the prosecution, the rule ensures that the benefit of the doubt under vague, overbroad laws is given to the person accused. Every criminal conviction must require proof beyond a reasonable doubt that the person acted with criminal intent. Criminal laws should require such proof.
Parliament should not delegate its power to criminalize to unelected officials in the scores of government departments and agencies. Such decisions should be made by the people's elected representatives. Parliament seems to have forgotten that it can repeal bad laws. It can and should. The worst, most unjust criminal offenses should be thrown into the legislative dumpster.
The Greek Ministry of Justice is a euphemism for the Greek Ministry of Injustice, aka Kangaroo Ministry! It's justice proceeding by leaps, like a kangaroo. Most courts of the metropolitan area of Athens are located on Evelpidon campus, a Kangaroo valley where trials on average last a couple of minutes without jury and without schedule. The accused have to wait in infinite queues, not knowing the exact time of their trial. Kangaroos galore!
Graecokleptocrats enjoy impunity, whereas citizens suffer from perjury. Police thugs are the main perjurers. Freak galore! Public prosecutors pick up either very easy targets of poor people who cannot afford defense to justify a quota system or very large targets to get publicity. Prosecuting famous bloggers brings a lot of publicity to machiavellian kleptocrats, pusillanimous prosecutors, and bumptious cybercops. Brutal Graecocybercops must be abolished now.
Greek justice is a spider web, catching small prey and swallowing them, while allowing crocodiles to penetrate and dominate it. Visiting Greek prisons, one could see all lesmiserables that fill them up, but he could not find any kleptocrats. There is no independence of justice in Greece, the most corrupt country of Fourth Reich, and perjurers are dime a dozen. The huge Greek judiciary corruption complements the huge political corruption and the cybercop brutality. Extrajudicial rings of judges, prosecutors, police, clergy, and kleptocrats manipulate the Greek justice system. Many judges have been found guilty for participating in trial-fixing rackets. Freak galore!
Greece's criminal justice system is very slow and ineffective, losing files and protecting kleptocracy and cybercop brutality. The European Court of Justice has ruled against the Greek government, October-18 mafia, myriad times in cases related to the terrible Greek judiciary. For many years, there have been substantial loopholes of Greek laws. The judiciary systematically covers up corruption cases the minute they involve civil servants or kleptocrats. Freak galore!
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