Harvey Silverglate's book, "Three Felonies a Day," argues that the average American unknowingly commits three felonies daily due to the vast and often vague nature of federal criminal law. The proliferation of broadly worded statutes, coupled with expansive interpretations by prosecutors, allows for the criminalization of acts that individuals wouldn't perceive as illegal. This creates a system where selective prosecution becomes easy, allowing the government to target almost anyone they choose. Silverglate illustrates this with examples of seemingly innocuous actions that could be construed as felonies, highlighting the potential for abuse and the erosion of due process. The book serves as a cautionary tale about the overreach of federal power and the dangers of an overly complex and opaque legal system.
In a 2013 blog post titled "You Commit Three Felonies a Day," Jason Kottke delves into Harvey Silverglate's 2009 book, "Three Felonies a Day: How the Feds Target the Innocent." Kottke summarizes Silverglate's central argument, which posits that the average American unknowingly commits an estimated three felonies daily due to the expansive and often vaguely worded nature of federal criminal law. This proliferation of regulations, coupled with the government's broad discretionary power in interpreting and applying them, creates a situation where virtually anyone could be found guilty of a crime without even realizing they were breaking the law.
Kottke highlights Silverglate's concern that this vast and ambiguous legal landscape empowers prosecutors to selectively target individuals, potentially for reasons unrelated to the alleged offenses. He explains how this prosecutorial discretion, combined with the sheer volume of regulations, makes it remarkably easy to build a case against almost anyone, especially when motivated by political vendettas or personal biases. The post emphasizes the inherent danger in a system where legal technicalities and obscure statutes can be weaponized against citizens, even those acting in good faith.
Furthermore, Kottke underscores the chilling effect this legal overreach can have on individual liberty and freedom of expression. He argues that the fear of inadvertently violating an unknown law can stifle innovation, discourage risk-taking, and generally inhibit civic engagement. The post suggests that this atmosphere of legal uncertainty ultimately undermines the principles of a free and just society.
Kottke includes a quote from Silverglate illustrating the absurdity of the situation, where even mundane actions can be interpreted as criminal under certain obscure statutes. He uses this example to underscore the disconnect between the average person's understanding of legality and the intricate web of federal regulations they unknowingly navigate daily. The post concludes by echoing Silverglate's call for greater clarity and restraint in the application of federal criminal law, emphasizing the importance of safeguarding individual liberties against the potential for governmental overreach.
Summary of Comments ( 24 )
https://news.ycombinator.com/item?id=43742859
HN commenters discuss Harvey Silverglate's book and the idea that the average American unknowingly commits three felonies daily due to the overabundance and complexity of laws. Several express concern about the erosion of mens rea (criminal intent) in many laws, leading to situations where individuals can be prosecuted for actions they didn't realize were illegal. Some debate the accuracy of Silverglate's "three felonies" claim, viewing it as hyperbole, while others find it plausible given the vastness of the legal code. A few commenters point out the potential for selective enforcement and abuse of power this legal complexity creates, while others highlight the difficulty of proving intent even in cases where it exists. The discussion also touches on the expansion of regulatory offenses, victimless crimes, and the contrast between the public perception of crime and the realities of the legal system. Some share personal anecdotes of encountering obscure or complex regulations, reinforcing the idea that everyday actions can unintentionally violate laws.
The Hacker News post titled "You Commit Three Felonies a Day (2013)" has generated a substantial discussion with over 100 comments. Many of the comments revolve around the overcriminalization of everyday life and the expansion of vague and broadly interpretable laws, echoing the article's main point.
Several commenters highlight the potential for selective enforcement and the disproportionate impact these laws can have on certain demographics. One compelling comment emphasizes the danger of such broad laws being used to target specific individuals or groups, even if they haven't committed any real harm. They express concern that these laws can be exploited for political purposes or to silence dissent.
Another recurring theme is the erosion of trust in authority and the legal system. Commenters argue that the sheer number of obscure and potentially applicable felonies creates an environment where everyone is technically a criminal, undermining respect for the law. This, some suggest, leads to a sense of apathy and disengagement from civic duty.
Several commenters discuss specific examples of laws they find particularly absurd or problematic. Some mention regulations related to software, online activities, and intellectual property. Others bring up instances of seemingly minor infractions leading to severe penalties.
A few commenters offer a more nuanced perspective, acknowledging the need for some regulations but emphasizing the importance of clarity and proportionality in the legal system. They argue that overly complex and broad laws make it difficult for individuals and businesses to comply, creating a system where ignorance is no defense.
Some of the most compelling comments delve into the historical context of this legal expansion, linking it to various factors like lobbying by special interest groups, the "war on drugs," and the increasing digitization of life. These commenters suggest that the proliferation of felonies is not accidental but rather a consequence of specific policy choices and societal trends.
Finally, a handful of commenters offer practical advice, suggesting strategies for navigating this complex legal landscape. These include staying informed about relevant laws, being cautious about online activities, and consulting with legal professionals when necessary. However, the overall tone of the discussion remains one of concern and skepticism about the current state of the legal system.