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Criminal Law

: Grits for Breakfast

2,383 and Counting: Felonies have come a long way, baby

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I've marveled frequently about the exploding number of crimes and particularly felonies in Texas statutes. After every biennial legislative session, the Board of Pardons and Parole must identify all new felonies created by the Texas Legislature and assign each offense a "severity" level for purposes of inmate classification and to guide future release decisions. In 2007 they counted 2,324; in 2009 the number had risen by 59, to 2,383 separate statutory felonies.How in the world did we get to such a bizarre place where the word "felony" could encompass so many different acts? According to a fascinating academic article by U of Baltimore Law Library Director Will Tress titled "Unintended Collateral Consequences: Defining Felony in the Early American Republic" (found via Sentencing Law & Policy), virtually from its earliest usage the meaning of "felony" has been expanding to include an ever increasing array of human malfeasanceOriginally, "felony" was a feudal term denoting breach of faith with the king...continue to full post

Full post as published by Grits for Breakfast on December 08, 2009 (boomark / email).

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