The average professional in this country wakes up in the morning, goes to work, comes home, eats dinner, and then goes to sleep, unaware that he or she has likely committed several federal crimes that day. Why? The answer lies in the very nature of modern federal criminal laws, which have not only exploded in number, but, along with countless regulatory provisions, have also become impossibly broad and vague. In Three Felonies a Day, Harvey A. Silverglate reveals how the federal criminal justice system has become dangerously disconnected from common law traditions of due process and fair notice of the law’s expectations, enabling prosecutors to pin arguable federal crimes on any one of us, for even the most seemingly innocuous behavior.
The dangers spelled out in Three Felonies a Day do not apply solely to “white collar criminals,” state and local politicians, and professionals. No social class or profession is safe from this troubling form of social control by the executive branch, and nothing less than the continued functioning and integrity of our constitutional democracy hang in the balance.