And these laws are scattered in over 50 titles of the United States Code, encompassing roughly 27,000 pages" (Rosenzweig, 2003).
The criminal laws now deal with even minor offenses like spitting on the street, swearing, behavior in public places etc. These laws also deal with sexual offenses or behavior that over the years has evolved. The issues of 'White Collar crimes' that must have been dealt by specialized civil laws are now the part of the criminal laws. Similarly the street laws that should have been enforced by the state laws are also now part of the federal criminal laws.
Criticism is hurled in the way of such legislations that they are most of the times too harsh on crimes committed by citizens. Over criminalization, is considered to be more politically motivated. These laws seem to be an attempt by politicians and federal bureaucrats to deal with crime rates. Instead of emphasizing the protection of individual rights, it preserves the political interests of the state and certain majority groups. The nature of such laws is such that it could lead to the misuse of criminal laws. The plummeted growth of such federal criminal laws has given way to a debate that over criminalization has resulted in crisis situation in America.
Ethics and morality aspects come under discussion when the topic of over criminalization is debated. ...
According to the Right theory philosophers, what makes human beings different from mere animals or inanimate things is that people have dignity based on their ability to choose freely what they will do with their lives, and they have a fundamental moral right to have these choices respected. According to them, people are not objects to be manipulated and it is a violation of human dignity to use people in ways they do not freely choose.
There are certain ethical theories that grant people deviate in certain circumstance. For example telling a lie is considered ethically and morally wrong. In certain circumstances a person can lie to save one's own or some other person's life. If there was a law to regulate lying then that person would get caught. Laws in situations that involve moral or ethical issues can make things more complicated. Ethics and morality standards also vary from one person to another. Showing public affection for one person is ok but for another it is ethically incorrect. It is therefore hard to generalize one ethical standard on every person particularly with respect to issues related to people's personal choices.
Rights under Constitution
American constitution provides its countrymen the right of freedom of expression under its laws. Americans are of the view that this right of freedom is not just related to speech and writing but they can express themselves in any way possible. They believe they can do what they want and these are the rights people want to exercise when they confront strict laws that they think at times restricts their privacy and freedom of expression. In this regard, it would be necessary to mention the clauses invoked to support the point of