Discussing Attempts to Address Federal Overcriminalization
Update: 2025-11-25
Description
A recent executive order entitled “Fighting Overcriminalization in Federal Regulations” and two congressional proposals: the Count the Crimes to Cut Act and the Mens Rea Reform Act (also known as the default-mens-rea proposal), all have highlighted long-standing discussions on federal overcriminalization. These initiatives were spotlighted during the May 7, 2025 hearing of the House Judiciary Committee. Join us for a panel discussion that will consider whether these reforms can meaningfully address the problem of a sprawling federal criminal code—one that may, in some areas, lack clarity and undermine individual liberty by exposing the public to ill-defined or overly broad criminal liability.
Featuring:
John G. Malcolm, Vice President, Institute for Constitutional Government, Director of the Meese Center for Legal & Judicial Studies and Senior Legal Fellow, The Heritage Foundation
Shana O’Toole, Founder & President, Due Process Institute
Prof. Kenneth W. Simons, Chancellor’s Professor of Law, UC Irvine School of Law
(Moderator) Marc Levin, Chief Policy Counsel, Council on Criminal Justice and Senior Advisor, Right on Crime
Featuring:
John G. Malcolm, Vice President, Institute for Constitutional Government, Director of the Meese Center for Legal & Judicial Studies and Senior Legal Fellow, The Heritage Foundation
Shana O’Toole, Founder & President, Due Process Institute
Prof. Kenneth W. Simons, Chancellor’s Professor of Law, UC Irvine School of Law
(Moderator) Marc Levin, Chief Policy Counsel, Council on Criminal Justice and Senior Advisor, Right on Crime
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