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Opening Arguments

Guilty minds

If the Heritage Foundation and the National Association of Criminal Defense Lawyers agree on something, either the world as we know it is coming to an end, or a serious problem is being addressed:

A conservative think tank and criminal defense lawyers are forming an unusual alliance to try to get Congress to quit writing criminal laws so loosely that they subject innocent people to unjust prosecution and prison.

A new study by the Heritage Foundation and the National Association of Criminal Defense Lawyers finds that nearly two dozen federal laws enacted in 2005 and 2006 to combat nonviolent crime lack an adequate provision that someone accused of violating the laws must have had a "guilty mind," or criminal intent.

"It is a fundamental principle of criminal law that, before criminal punishment can be imposed, the government must prove both a guilty act and a guilty mind," the groups said in the report.

[. . .]

Rep. Bobby Scott, D-Va., chairman of the House Crime, Terrorism and Homeland Security Subcommittee, said too many bills get through Congress without enough study or refinement.

"You can't prosecute somebody for something they didn't know was a crime," Scott said. He and Rep. Louie Gohmert, R-Texas, the senior Republican on the panel, held a hearing on the issue last year.

In this case, I'd say "a serious problem is being addressed." Too many bills get through Congress without

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