Skip Navigation

Criminal Justice

Criminal Justice
July 24, 2017
Wisconsin Senate Committee Considers ‘Policing for Profit’ Reform Bill
The Wisconsin Senate Committee on Labor and Regulatory Reform is considering a bill to reform the state’s laws on civil asset forfeiture.
Energy
July 14, 2017
Oklahoma Criminalizes Violent Pipeline Protests
A new Oklahoma law imposes significant penalties, including fines and imprisonment, on people and organizations involved in trespassing and other unlawful acts against oil and gas pipelines and related energy infrastructure.
Criminal Justice
June 10, 2017
New Iowa Law Tweaks Civil-Asset Forfeiture Practices
Starting in July, Iowa residents will enjoy greater protection from local and state government agencies that want to seize and keep citizens’ property without criminal convictions through a process called civil-asset forfeiture.
More News
InfoTech & Telecom
April 27, 2017
Require Search Warrants for Phone Tracking, Congressman Proposes
A U.S. House Judiciary subcommittee is considering the Geolocational Privacy and Surveillance Act (GPS Act), a bill to reform and standardize government law enforcement agencies’ surveillance of individuals’ cell phones and digital devices.
Criminal Justice
April 26, 2017
‘BUILD WALL’ Civil Asset Forfeiture Bill Under Consideration
The U.S. House of Representatives is considering a bill to change how the federal government spends the proceeds from local and state law-enforcement agencies’ use of civil asset forfeiture.
Environment
March 31, 2017
House Acts to Block Slush Fund Payments
The 2017 Stop Settlement Slush Funds Act would block the U.S. Department of Justice from requiring defendants being prosecuted by the Federal government who accept a settlement agreement to make donations to third-party organizations.
 

The Issue

As a nation with a judicial branch that includes the United States Supreme Court as well as hundreds of appellate and local courts, the rule of law is clearly important to governance in the United States.

Some laws are necessary in order for society to flourish and a market economy to sustain itself. If not for the law enforcing the property rights and barring theft of possessions, for example, there could be no market in which to trade goods and services.

While the rule of law is crucial to the survival of our republic, the law can be abused. For example, the United States leads the world in the percentage of its population that is imprisoned, a statistic that may suggest we have too much law. Overcriminalization penalizes many people unnecessarily and costs the country millions of dollars. More than 5,000 offenses in the United States are consider felonies punishable by imprisonment.

Civil asset forfeiture programs used by law enforcement agencies across the country represent another potential abuse of the law. Assets are often forfeited without due process of law; in many states, individuals need not be found guilty in a court of law before their property is seized. Civil asset forfeiture creates incentives for law enforcement agencies by allowing them to profit off the criminal property.

Gun control, too, is considered by some to be an abuse of the law. The right to keep and bear arms has its roots in the English Bill of Rights and was critically important to America’s Founding Fathers, who embedded that right in the U.S. Constitution.

Our Stance

The rule of law is fundamental to the operation of a free society. Without it, there can be no protection of private property and no enforcement of contracts. The alternative to ordered liberty is the use of force or fraud, the opposite of peaceful and productive cooperation.

Featured Subtopics

Two men in suits behind bars
Civil asset forfeiture, or civil judicial forfeiture, is a legal process law enforcement agencies personal assets from individuals or groups that are suspected of a crime or illegal activity.
Hands buying a gun
To deny citizens the right to keep and bear arms will endanger individual safety, small businesses, and communities. Gun control prevents peaceful citizens from protecting themselves.

Additional Subtopics

  • Hate Crimes
  • Juvenile Justice
  • Mandatroy Minimums
  • Overcriminalization
  • Parole and Re-entry
  • Police
  • Punishment
  • Terrorism
  • War on Drugs
  • Prisons

Videos

Title: Criminal Justice Reform: What Values Should Take Priority in Criminal Justice Systems?
Description: The 2016-2017 Lincoln Douglas Debate Resolution - Resolved: Rehabilitation ought to be valued above retribution in criminal justice systems. Greg Rehmke, program director of Economic Thinking explores this topic with a discussion and examples for rehabilitation, retribution, and restitution (restorative justice) being used today and in the past.

Criminal Justice Experts Team

The Heartland Institute's experts on law and criminal justice policy are available for legislative testimony, speaking engagements, and media interviews.

Heartland Staff Policy Experts