John Mulvey, Attorney at law
(513) 721-0001
Serving Greater Cincinnati,
Southwestern Ohio and Northern Kentucky 

Legal Help When You Need It.


The Overcriminalization of America

The costs to taxpayers, the accused and their families - and why every citizen needs to know a qualified criminal defense attorney.


Exonerations in the United States, 1989 – 2012
Report by the National Registry of Exonerations

Exonerations in the United States, 1989 – 2012- Report by the National Registry of ExonerationsThis report is about 873 exonerations in the United States, from January 1989 through February 

2012. Behind each is a story, and almost all are tragedies.


Are We A Nation of Criminals?  Over criminalization doesn't just effect the ordinary citizen, it harms the ability of companies and entrepreneurs to do business and employ people.


A 2012 study  finds that a jobs program for newly released prison inmates left them an estimated 16 to 22 percent less likely to be convicted of another crime. This initiative, by the Center for Employment Opportunities, more than paid for itself: each $1 brought from an estimated $1.26 up to $3.85 in benefits.


Salon Magazine reports on the Justice Department release of its report on the Ferguson Police Department. Ferguson uses law enforcement fines and fees to pay for city expenses.  Revenues from fees increased from $1.38 million of the city’s $11.07 million in general fund revenue, to $2.46 million by 2013. 

3 Warrants Per Household

How municipalities profit from poverty.

The Collection of Fines and Court Costs in Ohio


01/07/15  The Overcriminalization of America  - Politico Magazine

The Overcriminalization of Americ

 

"It is surprisingly easy for otherwise law-abiding citizens to run afoul of the overwhelming number of federal and state criminal laws."

"The United States represents about 5 percent of the world’s population but houses about 25 percent of the world’s prisoners."

 


Reining in Overcriminalization - Criminal Justice Magazine (Spring 2013) American Bar Association 

 

"There are some 300,000 regulatory offenses created by federal agencies that have not been approved by Congress."  "Excessive criminalization not only leads to injustice and unfairness, it also deters and even reduces productive activity"

and unfairness, it also deters and even reduces productive activity"

2011 Ohio Prison Crowding Monitoring Report

• Ohio prisons now hold about 50,500. That’s 6½ times the number held in 1974. 

That puts the prison system 31% over its rated capacity, with about 12,500 more 

inmates than the prisons were built to hold (p. 4).

• Crowding gives the state a perverse bargain. Extra inmates add relatively little to 

total costs. Adding inmates in an over-capacity system only costs about $16/day 
in food, clothing, and medical care. To save the $60+ “total” prison costs—
including construction, debt service, and added staff—the population will have to 
move below capacity. Many different ideas will have to be considered (p. 4).
• Ohio undertook an expensive prison construction project from the mid-‘80s to the 
mid-‘90s, adding over 17,000 beds. But the number of inmates and their sentence 
lengths continually grew to exceed the system’s expanded capacity (p. 7).
• For years, the prison population increased as prison intake grew. However, recent 
growth in Ohio’s prison population—even with mandatory sentences and scores 
of bills that increase penalties for particular offenses—is not driven primarily by 
intake (although it is a factor). It’s largely fueled by increases in inmates’ average 
length-of-stay (pp. 4-14).
• In the past 35 years, the only period in which the Ohio prison population 
remained relatively static was the first decade under S.B. 2, from 1997-2006. That 
bill increased the actual time served for high level offenders but made tradeoffs 
for others, including meaningful checks on length-of-stay (pp. 8-10).

• The Department of Rehabilitation and Correction is the state’s largest agency. It has a budget of about $1.8 billion and over 13,000 employees.

•  As of January 2012, Ohio prisons hold about 50,056 inmates. That’s 6½ times the number held in 1974. That puts the prison system 31% over its rated capacity, with about 12,500 more inmates than the prisons were built to hold.  The population of Ohio is approximately 11,542,645 (July 2009 Source: U.S. Census Bureau).  

• For years, the prison population increased as prison intake grew. However, recent growth in Ohio’s prison population—even with mandatory sentences and scores of bills that increase penalties for particular offenses—is not driven primarily by intake (although it is a factor). It’s largely fueled by increases in inmates’ average length-of-stay.

The current sentencing-overhaul law to reduce Ohio's prison population is projected to save $46.3 million over three years, while reducing the prison population by about 7.5 percent.


Justice in the balance 

  A USA TODAY investigation documented 201 criminal cases across the nation in which federal judges found that prosecutors broke the rules. The abuses put innocent people in jail, set guilty people free.


Three Felonies a Day

"We're gonna have an orgy of prosecutions...[T]he government, which...is going to take no responsibility whatsoever for facilitating any of the disasters that attended the economy...they're going to be blaming individual businessmen, for one type of quote fraud, or another," says Harvey Silverglate, author of Three Felonies a Day: How the Feds Target the Innocent.

 

http://www.threefeloniesaday.com/


2306 Park Avenue Cincinnati, Ohio 45206

Serving Greater Cincinnati, Southwestern Ohio and Northern Kentucky - State and Federal Courts