Man Charged with Laughing in Own Home | Overcriminalized.com Update

If you are having trouble viewing this message click here to view it online.

March 14, 2013 Edition    |    Discover more at Overcriminalized.com and Rule of Law home page General Editor: Paul Larkin of the Center for Legal and Judicial Studies

Man Faces Jail Time for Laughing in Own Home A Long Island man is facing 30 days in jail for laughing in his own home, according to The Huffington Post. Forty-two-year-old Robert Schiavelli, who suffers from a mental disability, was cited twice for “disturbing the peace” due to his loud laughter.  What was he laughing at? Allegedly, Schiavelli’s neighbor regularly calls him derogatory names and as a way of dealing with the taunts, Schiavelli laughs them off. READ MORE >>

Man Arrested for Releasing Heart-Shaped Balloons in Romantic Gesture Anthony Brasfield, a 40-year-old Florida man, was arrested Sunday for releasing a dozen heart-shaped helium balloons into the air in what was to be a romantic gesture for his girlfriend, according to SunSentinel.com.  Brasfield’s offense is a third-degree felony.  READ MORE >>

Gideon v. Wainwright: 50 Years of Constitutional Protection

Legislative Update from Capitol Hill Follow links below to learn about laws pending in Congress that may perpetuate Overcriminalization NEW CRIMINAL LAW PROPOSALS H.R. 732: Child Interstate Abortion Notification Act H.R. 744: Stopping Tax Offenders and Prosecuting Identity Theft Act of 2013 (STOP Identity Theft Act of 2013) H.R. 996: Invasive Fish and Wildlife Prevention Act S. 394: Metal Theft Prevention Act of 2013 S. 429: Concrete Masonry Products Research, Education, and Promotion Act UPDATES

See Full List of Pending Legislation >>

The Definitive Book on Why and How to Reform Criminal Law Available Now ABOUT OVERCRIMINALIZATION The Heritage Foundation and a coalition of public interest legal groups are committed to reversing the troubling trend of overcriminalization, which is defined by three attributes: 1. Federalizing crime that properly belongs under state and local jurisdiction; 2. Imposing criminal penalties upon persons who acted without criminal intent (mens rea); 3. Applying criminal sanctions to conduct that historically has not been considered wrongful. This Legislative Update includes bills our researchers have identified that add or expand federal criminal offenses or penalties, but it generally does NOT include bills involving drugs, firearms, or crimes of violence.

The Center for Legal and Judicial Studies at The Heritage Foundation Founded in 1973, The Heritage Foundation is the nation’s most broadly supported public policy organization. Heritage created the Center for Legal and Judicial Studies in 2001 to educate government officials, the media and the public about the Constitution, legal principles and how they affect public policy.