Fighting Overcriminalization in Federal Regulations
Summary
This executive order aims to reduce overcriminalization within federal regulations. It directs agencies to review and report on criminal regulatory offenses, emphasizing transparency and due process. The order prioritizes criminal enforcement for those who knowingly violate regulations causing substantial public harm, while disfavoring strict liability offenses.
Expected Effects
The order is likely to lead to a reduction in the number of regulatory offenses that carry criminal penalties. It will also shift enforcement focus towards intentional violations causing significant harm. Increased transparency in rulemaking and a greater emphasis on mens rea requirements are also expected.
Potential Benefits
- Reduced risk of unintentional criminal violations for citizens and businesses.
- Increased transparency in federal regulations and potential criminal penalties.
- Focus on prosecuting intentional misconduct causing substantial harm.
- Potential reduction in the regulatory burden on individuals and businesses.
- Greater clarity regarding mens rea requirements for regulatory offenses.
Potential Disadvantages
- Potential for reduced enforcement of regulations designed to protect public health, safety, or the environment.
- Increased burden on agencies to review and report on criminal regulatory offenses.
- Possible delays in rulemaking due to increased scrutiny and consultation requirements.
- Risk that some harmful conduct may go unpunished if it does not meet the threshold for criminal prosecution under the new policy.
- Potential legal challenges based on interpretations of "substantial public harm" or "general awareness of unlawfulness."
Most Disadvantaged Areas:
Constitutional Alignment
The executive order aligns with constitutional principles of due process and fair notice. By emphasizing mens rea requirements and discouraging strict liability offenses, the order seeks to ensure that individuals are not subjected to criminal penalties without a showing of intent. This aligns with the Fifth Amendment's guarantee of due process. The order also touches on the separation of powers, as it addresses concerns about the executive branch potentially overstepping its authority by creating criminal offenses through regulations, which is traditionally a legislative function (Article I, Section 1).
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).