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Three Felonies A Day: How the Feds Target the Innocent
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The average professional in this country wakes up in the morning, goes to work, comes home, eats dinner, and then goes to sleep, unaware that he or she has likely committed several federal crimes that day. Why? The answer lies in the very nature of modern federal criminal laws, which have exploded in number but also become impossibly broad and vague.Â
In Three Felonies a Day, Harvey A. Silverglate reveals how federal criminal laws have become dangerously disconnected from the English common law tradition and how prosecutors can pin arguable federal crimes on any one of us, for even the most seemingly innocuous behavior. The volume of federal crimes in recent decades has increased well beyond the statute books and into the morass of the Code of Federal Regulations, handing federal prosecutors an additional trove of vague and exceedingly complex and technical prohibitions to stick on their hapless targets. The dangers spelled out in Three Felonies a Day do not apply solely to "white collar criminals," state and local politicians, and professionals. No social class or profession is safe from this troubling form of social control by the executive branch, and nothing less than the integrity of our constitutional democracy hangs in the balance.
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Audible Audiobook
Listening Length: 13 hours and 26 minutes
Program Type: Audiobook
Version: Unabridged
Publisher: Tantor Audio
Audible.com Release Date: October 23, 2018
Whispersync for Voice: Ready
Language: English, English
ASIN: B07J488Q3B
Amazon Best Sellers Rank:
A scary book about the ever-expanding reach of criminal sanctions for violations of unknown government regulations. We as a nation need to demand a massive simplification of regulation -- although they do empower bureaucrats and enrich politicians as we pay bribes (aka campaign donations) to limit personal damage or to gain advantage. For example, the Calif saltwater fishing regulations are now 98 pages of small type with an outrageous number of cross-references and Lat. / Long. citations......which no normal person can possibly fully understand, but most of which carry criminal sanctions including felon prosecution for violations, as well as byzantine administrative punishments, fines, and forfeitures. ..... a triumph of authoritarian progressivism.
If you're looking for everyday examples of the felonies you and I unwittingly commit each day, you won't find them here. Instead, you'll be treated to scholarly analyses of notorious (and less so) cases where the federal government's prosecutors overstepped their bounds in their zeal to convict their targets. (Method: choose target first, then find and/or stretch some law he "broke." Make cost of defense so high that settling the case is the only option.) This is interesting, of course, but these felonies are nothing like the ones you and I might be committing every day.
It tells us a lot about the frightening breadth and scope of the federal imperium. Laws too vague to understsnd, supported by limitless and inscrutable regulations. Add to that the secretive, inquisitorial nature of federal prosecutions, advanced by ruthless, corrupt prosecutors and you have true badis for an operating tryanny. A second Inquisition, indeed.
Even when his left-leaning views pop up here-and-there in Three Felonies a Day, Silverglate's knowledge and passion about the over-criminalization of America makes the book an overall worthy read. Three Felonies a Day discusses a very troubling issue within the US justice system. Namely, that prosecutors have lately been handed ever more powerful tools with which to do their job. These tools include statues where criminal intent is not necessary to find criminal liability and amorphous laws, among others. Silverglate explains how this leads to situations where people have been prosecuted for honest mistakes, mere negligence, or under laws when it isn't clear that the alleged criminal behavior is in fact criminal. Silverglate details the effects this had on individual lives and shows why we should all be worried.Despite all the positives in the book, while reading it I very often found myself wishing that Silverglate had a better editor. To put it simply, the book was not crafted well and is not a good piece of writing. Additionally, I often found that Silverglate sounds more like a lawyer advocating for a client than an uninterested author. The facts as Silverglate presents them are at times so blatantly one-sided that it distracts from the very valid thesis of the book. Nevertheless, despite these issues, because the issues detailed in the book are so important I recommend it.
Good, but concentrates on problems of a business person. I was hoping to hear more about the problems the rest of us face in our every-day lives.
The premise is, because of increasingly vague and over-reaching federal statutes, any one of us is committing an average of three felonies a day without even realizing it. In other words, the Feds can pretty much choose their targets FIRST (for whatever reason... vengeance, political gain, to pressure you to testify against a "bigger fish," monetary gain or simply to advance their own careers) and figure out what to indict you on later.Even if you haven't committed a crime, by the time the DOJ is finished freezing your assets (so you can't afford adequate defense), harass your friends and family (to get them to turn on you... and even threaten them with their own indictments), feed false information to the media and ruin your reputation, career, social life, etc., you're going to want to plea bargain... no matter how innocent you are.
If you never knew someone who was wrongly indicted and wrongly prosecuted, and insulated yourself from the news of innocent people whose convictions finally were reversed, this book will be upsetting, disturbing, and frightening.It's a lesson to those who prefer to "blame the victim" so as to believe it will never happen to them if they stop at every stop sign, overpay their taxes, etc.Read this to realize it will take us, the ordinary folk who manage to escape the rabid prosecutors, to clean up a judicial system gone awry.And find, online, some of the legal scholars' essays about prosecutorial misconduct and how prosecutors have been given more power than judges. Bennett L. Gershman of Pace U. School of Law has been warning about this for more than a dozen years.
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