Impact of Prosecutors on Lives
- Supreme Court Justice Neil Gorsuch highlights the significant human toll resulting from increasing criminal penalties.
- The commentary prompts a discussion on the role of prosecutors and the consequences of their decisions.
- This issue raises important questions about fairness and justice within the criminal justice system.
In his new book, "Over Ruled: The Human Toll of Too Much Law," Supreme Court Justice Neil Gorsuch, alongside co-author Janie Nitze, sheds light on the extensive reach of federal criminal law in the United States. Gorsuch reveals that there are over 5,000 federal statutory crimes and an estimated 300,000 federal agency regulations that carry criminal penalties. This alarming expansion of law is underscored by the sheer volume of legal texts, with the U.S. Code comprising 54 volumes and around 60,000 pages, while the Code of Federal Regulations extends to about 200 volumes and over 188,000 pages. Gorsuch emphasizes the unintended consequences of this legal complexity, suggesting that the average American professional may unknowingly commit several federal crimes daily. The overlapping nature of state and federal laws allows prosecutors to leverage multiple charges against defendants, often coercing them into plea agreements. A notable example is the case of Hunter Biden, where initial plans to drop a federal gun charge evolved into three felony charges, highlighting the pressures defendants face when opting for a trial. The book also discusses the broader implications of this trend, noting that approximately 97 percent of federal felony convictions and 94 percent of state felony convictions result from plea deals. Gorsuch reflects on the original intent of the Sixth Amendment, which champions the right to a jury trial, suggesting that the current legal landscape undermines this foundational principle. In an era of overcriminalization, he calls for a reevaluation of the justice system's reliance on plea agreements.