Some criminal law theorists posit that there is simply too much criminal law in American jurisprudence. In this paper, you will examine Husak’s theory of overcriminalization, discuss the internal and external constraints on criminalization of conduct, and consider alternative theories of criminalization. The paper should be 4-6 pages in length (excluding Title and Reference pages), submitted in APA style, as a Word document. The Short Paper Grading Rubric will be used to assess your paper.
In your paper, you should address the following questions:
What are the basic tenants of Husak’s overcriminalization theory?
What are some of the consequences of overcriminalization?
Discuss at least one internal and one external constraint on criminalization.
What are some theoretical alternatives of criminalization?
Based on what you have learned about theories of criminalization, what theory of criminalization best supports concepts of justice?
This is a position paper. You should develop an informed position on these questions by using the assigned readings and other academic sources to support your own ideas about criminalization and justice theories. The Assigned Reading for this Paper is Husak’s “Overcriminalization: The Limits of the Criminal Law”.
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