The Real National Plague: Overcriminalization

Elisa Grant - 08/04/2022

Amidst the ongoing coronavirus pandemic, the new spread of monkeypox, and a slew of other issues we face today as a society, there is something far worse that has been around for ages. It gets swept under the rug and forgotten because it does not affect everyone personally and isn’t talked about daily across social platforms. That plague is overcriminalization. It poisons individuals and households and suppresses talent and potential that could otherwise benefit society.

“Overcriminalization is the overuse and abuse of criminal law to address every societal problem and punish every mistake.”(3)

Fighting crime is a mantra we hear in most elections and is a focal point of policy nationwide. Crime is deemed out of control, on the rise, and rampant. How many of these officials do we hear make promises to be tougher on crime and provide harsher punishments? Most. But how many do we hear mention a plan of action to reduce crime by investing in and providing the adequate resources to stop recidivism? I’ll wait.

The severe punishments that are in place for crime and the immorality of the criminal code both needing to be addressed and amended is long overdue. Being tough on crime and dishing out lengthy prison sentences has not stopped the crime rate and is proven to have no bearing on the likeliness of that person not becoming a repeat offender. Most crime can be blamed on one thing: recidivism.  The recidivism rate in the US is at an all-time high of over 70%, which showcases the ineffectiveness of our prison systems and is a cry out for prison reform. If the prison system stays punitive this rate will only continue to rise. If the justice system were to take a more rehabilitative and reformative approach, then we would see a reduction in the rate of recidivism, in turn saving taxpayers money by reducing the prison population.

Since 2008, the number of acts deemed as criminal offenses has almost doubled from what it was forty years ago.  The increase in these laws and regulations could lead even the average person to commit a crime without even knowing it. (Crazy, right?) “Over the past 40 years, federal criminal law has exploded in size and scope while deteriorating in quality…Congress must halt its overcriminalization rampage and begin to eliminate the vague, overly broad criminal offenses.”(3)

On August 4, 2022, Brittney Griner, a woman of color, was made an example of and sentenced to 9 years in prison for getting caught at a Russian airport with marijuana vape cartridges in her luggage. That’s almost a whole decade of her life for having something that is the second most frequently used substance (behind alcohol) and has been used by over 158.8 million people in the world.(1) Although her trial is not taking place in the United States, this is a prime example of someone who has not lived a life of crime and is being overly punished for something so minor, stripped of her rights and freedom, and sentenced to just shy of a decade of her life, when the average human life expectancy is only eight decades.(2) Not only is Brittney’s life affected, but now so is her wife’s, her parents, her family, her friends, and her teammates. Think if you were to lose your loved one, your partner, child, parent, siblings, best friend, etc., how would that affect your life? How would that absence affect your finances? How would it affect your spirit? Yes, Brittney Griner may be a no one to you, just another poor soul lost to the system that doesn’t affect you because she isn’t someone you know personally…But what if it was someone close to you? Stay woke.

1. https://www.drugfreeworld.org/drugfacts/marijuana/international-statistics.html

2. Ortaliza, Ramirez, Satheeskumar, & Amin. (2021) Health System Tracker. https://www.healthsystemtracker.org/chart-collection/u-s-life-expectancy-compare-countries/

3. (2022) The Heritage Foundation. https://www.heritage.org/crime-and-justice/heritage-explains/overcriminalization