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One Nation Under Arrest: How Crazy Laws, Rogue Prosecutors, and Activist Judges Threaten Your Liberty, by Paul Rosenzwieg, Brian W. Walsh
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America is in the throes of overcriminalization: We are making and enforcing far too many criminal laws that create traps for the innocent but unwary and threaten to make criminals out of those who are doing their best to be respectable, law-abiding citizens. Key developments in criminal law and practice over the past few decades have raised troubling questions about the fairness of our criminal justice system as it affects the average American. It is time to confront these questions, analyze them, and subject them to serious, vigorous debate.
One Nation Under Arrest highlights a major effort to return the criminal law to its traditional and proper role in society: to ensure public safety and protect the innocent. With first-hand stories from victims of overcriminalization, One Nation Under Arrest sheds light on an insidious problem that few recognize or care about but which is vital to the fundamental values of the Republic and our concept of justice. Overcriminalization should concern everyone in America, both as citizens and as potential accused. Much is at stake for our freedoms and the freedoms of future generations. Taking the steps necessary to ensure that American criminal law once again routinely exemplifies the right principles and purposes will require much work, but the alternative is to squander the great treasure that is the American criminal justice system.
- Sales Rank: #362461 in Books
- Published on: 2010-03-30
- Number of items: 1
- Binding: Paperback
- 268 pages
Review
Just when you thought it was safe to leave your home, the federal government may have made you a criminal for very innocent actions. This book includes staggering true stories and information that make Kafka novels sound like Dr. Seuss. These authors have done the work to bring light to darkness in federal law and expose the criminalization of innocent actions. If you have ever had a chemistry set, have ever mailed anything, or just minded your own business, be very afraid, read this book, contact your attorney, and then demand that your Congressman help make this once again the land of the free and home of people who have reason to be brave.
Louie Gohmert, United States Congress --Louie Gohmert
You could be a criminal! Literally thousands of laws exist that most people don t know about and which penalize conduct that few would even imagine was criminal. This book tells the story of ordinary Americans who were prosecuted and even jailed for everyday activities that ran afoul of the multitude of statutes and regulations that can be used by governments to trap the unwary.
One Nation Under Arrest shines a spotlight on the problem of overcriminalization the skyrocketing trend at both the state and federal levels of criminalizing conduct that could be regulated through civil law or administrative action, or shouldn t even be regulated at all. It is a must-read for anyone concerned with modern attacks on our most basic liberties. Mark Levin, host of The Mark Levin Show and author of Liberty and Tyranny: A Conservative Manifesto --Mark Levin
Most helpful customer reviews
43 of 44 people found the following review helpful.
Excellent Book that is a MUST-READ for all
By Ali Shaygan
This book is an exceptionally well-well written, argued and referenced exposition on a silent travesty that is occurring everyday. The hypothesis of the book is argued with exceptional lucidity and supported with numerous real world examples. Unfortunately, the prosecution of doctors and the criminalization of medicine after the passage of the Harrison Act and the Controlled Substances Act is not discussed, nor is the financial incentive behind the current "asset seizure" laws explored.
However, that criticism is not meant to in any way detract or diminish the profoundly important work formulated into this very clear, readable book. But beware, ignorance is not bliss and what you will learn in this book will leave you literally terrified. I have been a victim of 2 rogue, overzealous, unethical federal prosecutors. Fortunately, the federal judge and the magistrate judge both saw their habitual disregard for Court orders, respect for the law or proper legal procedure. Even with a sanction by the federal judge and winning a Hyde Ammendment for "bad faith, vexatious or frivolous" prosecution, my life has been ruined in every possible sphere imaginable.
Other innocent Americans are at risk and public awareness needs to be raised. I hope this book is the spark that shines light on this secret abuse of and brings about a return to the traditional Anglo-American system of law.
Again a must-read for everyone. A collection of true modern-day horror stories and discussions as to how we came to this point, and what must be done.
56 of 59 people found the following review helpful.
Fantastic
By Anonymous
The book begins with a series of simultaneously fascinating and horrifying stories about well-intentioned, knowledgeable people winding up in jail for ridiculous reasons. Following the stories is some even-handed, clear and incisive analysis looking into the causes of over-criminalization, the problems with a lack of a guilty mind requirement, and some of the effects on society. Overall, the book is well-written and insightful and will change the way you look at criminal law. Definitely worth reading, regardless of your political party.
32 of 34 people found the following review helpful.
Unbelievably Good Read. So True it is Scary.
By krister evertson
It is hard to start with this review. I am in the book, so it is very real to me. My story is in Chapter 10. I have re-read my story three times now. On different days. Each time I started to cry when I finished it. What happened to me is so unbelievably true. I am so glad that members of Congress such as Louie Gohmert(R) of Texas, Ted Poe(R) of Texas, "Bobby Scott"(D) of Virginia and John Conners, Jr.(D) of Michigan held Congressional hearings on July 22, 2009 on this very subject. I was invited to testify to Congress, and they recorded my story. It is so important to stop the runaway unjust prosecution of innocent people for alleged crimes that carry no "mens rea", or in English, no "evil intent". I would have never believed that an inventor would be SWAT Teamed and then handcuffed and put into Federal Prison for an obscure regulation that no one outside of the EPA would have ever heard of. And to then be convicted without any intent. Wow. It is so un-American. So opposite to a freedom loving people. As I told Congress, it is very Scary. And so very Real.
There are two very well respected contributors to this very important book. One is Edwin Meese III, the Former United States Attorney General. He has a very deep, well thought out and concisely clear introduction to the present "over criminalization" problem we have in America today. The other is Former United States Attorney General Dick Thornburgh. He also really lays the problem out and how we got there. And how we should fix the problem. This book is very well thought out and written. I hope Congress moves and puts essential "mens rea" back into the requirements for conviction. Without the "mens rea" intent requirements, you could be next! The government could charge you with whatever regulation they want, and you do not need to even have known about the regulation. Or had any wrongful intent to be convicted. Believe me, I went from a freedom loving life, free to choose and do what I believed every God Loving American should do, to a life behind bars, with stainless steel toilet and drinking fountain combinations. Living the life of a "criminal". When you are not a criminal, it motivates you to want to correct the injustice. I believe in God, and he will prevail. This book is an excellent and informative read. Please help save the God Fearing America I grew up in. Please read this very good book and pray that America returns to its roots of Justice for All. And please give it to others to read. Please pass it on. Thank you.
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