The Use of Federal Criminal Law to Enforce Moral Sensibilities – A Critical Review.

CRIMINAL law; PROSECUTION; FEDERAL prosecutors; ETHICS; POLICE

For several decades, federal prosecutors have employed creative theories of criminal fraud to target conduct that might previously have been considered immoral but not criminal. This trend raises the question whether prosecutors are seeking to enforce their notions of moral rectitude through powers of criminal prosecution. Contrary to some who might consider this an effective method of bringing order to an increasingly chaotic society, the author suggests that a consequence of this trend may be to limit our sense of liberty. Where prosecutors employ ambiguous laws to police conduct that may be immoral but not injurious to an intended target, people will be uncertain of the legal line and fearfully retreat from action. This is not a pathway to greater virtue but rather one that diminishes justice. [ABSTRACT FROM AUTHOR]

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