Tightening Up the Legal System by Matt Hollander

http://news.yahoo.com/s/ap/20100504/ap_on_go_co/us_too_many_crimes

There is a peculiar media exchange occurring between Congress and criminal defense lawyers. The charge is that congress is enacting laws that are not clearly defined. The controversy has focused on provisions, or rather the lack there of, for crimes relating to “criminal intent.” This qualification is important in defining defendants who intentionally broke the law from those who make unfortunate mistakes. In a practical scenario, these are the provisions that separate manslaughter from homicide. The difference is not just legal terminology, but significant punishments. The interpretation of intent can mean the difference in decades of jail time.

The criminal defense lawyers say that these laws are unfair to the defendants. The vagueness of these provisions creates situations where people can be prosecuted for crimes that they were unaware of. The lawyers have collectively requested a review of many recently enacted laws, and every practical, as well as constitutional, argument support proper adjustments.

On a fundamental level, the authors of the Bill of Rights had this scenario in mind when they crafted the sixth amendment. It was very important to distance the nation from tyrannical rule, and one such method was to ensure rights to the accused. It is established that the government can neither illegalize an act, nor increase due punishment, after the act has been committed. The ambiguity the referenced provisions essentially make this injustice possible.

Matt Hollander