Rep. Lucy McBath, the Ranking Member of the Subcommittee on Crime and Federal Government Surveillance, addressed the issue of overcriminalization during a hearing held in Washington, DC. The hearing focused on the growth of federal offenses and regulatory overreach.
In her opening remarks, Rep. McBath highlighted the essential purposes of the criminal justice system, which include preventing harm and ensuring safety through clear laws that prohibit serious crimes such as murder, drug trafficking, and fraud. However, she pointed out that some laws are poorly written and not all actors within the justice system prioritize cases appropriately.
Rep. McBath expressed concern about charges being brought against individuals who are easier to prosecute rather than those responsible for significant harm. She noted that this often leads to disproportionate incarceration rates among people of color, immigrants, those with limited financial resources, individuals suffering from addiction, and victims of crime like human trafficking survivors.
She stated that “overcriminalization—the proliferation of federal crimes that cover more and more conduct—exacerbates this problem,” leading to increased surveillance and profiling in minority communities. This situation contributes to mass incarceration by allowing multiple charges for a single act and exacerbating discrimination within an ostensibly impartial system.
The lack of trust in public safety systems was another issue raised by Rep. McBath. She explained how fear of arrest or prosecution discourages community members from reporting crimes or providing tips.
Rep. McBath criticized former President Trump’s administration for its approach to using the criminal justice system for political purposes, including targeting nonviolent immigrants and political adversaries while exonerating others.
To address these issues, Rep. McBath supports the Count the Crimes to Cut Act—a bipartisan bill co-led with Congressman Roy, Ranking Member Biggs, and Congressman Cohen—which would require a comprehensive report from the Attorney General detailing federal crimes along with their elements, penalties, prosecutions over 15 years, and mens rea requirements.
She concluded by expressing her eagerness to hear more about potential solutions to overcriminalization from witnesses at the hearing.



