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Exclusionary Rule

Over-criminalization is the thought that laws that regulate the public morality could be resulting in substantial diversion of police, prosecutorial, and judicial time, personnel and resources. The phrase over-criminalization is big enough to cover laws of magnificent penal sanctions on conduct that should be only a matter of the individual's morality. The term over-criminalization also includes fairly trivial conduct, such as removing the tag of a mattress. This should be dealt with by a civil provision or even left to the good sense of the individual.
There are arguments of white collar crime that should fall outside the field of criminal law. This should be dealt with by other specialized civil law like environmental or even election finance law. Over-criminalization is the vast expansion of federal criminal law to cover subjects that were previously the area of the state law.
Even though the modern view that sexual morality should not be regulated by the criminal law, an amazingly large number of states have not repealed laws regulating sexual morality. Only about one quarter of the United States, and the District of Columbia have laws making fornication and cohabitation a crime. Other state laws regulate the commercialization of sex, prohibition, prostitution and related activities.
There are issues that have been raised whether some or all of the statutes violate the constitutional right to liberty. Every jurisdiction has a vast range of prosecutorial discretion, the reality of seldom used statutes invite careful enforcement and treatment is not the same for every defendant. There is no way that all individuals within the span of the same statute can be prosecuted. Statutes are applied very rarely and give prosecutors the ability to single out and punish only a few defendants for the behavior. The prosecutor may charge one for almost any reason. He or she may want to enforce his or her own view of the problem, no matter what the problem is...