The panel discussed various proposals for reform, including: requiring agencies to review and eliminate outdated regulations, implementing a regulatory budget to incentivize efficiency, and passing legislation to seal criminal records for low-level offenders. There was a general consensus that Congress needs to take a more active role in addressing the issue of overcriminalization.

Patrick Perel, Director of Legislative Affairs at Faith and Freedom Coalition, argued that overcriminalization undermines the Sixth Amendment right to a jury trial by giving prosecutors excessive power and incentivizing plea bargains over trials. He explained that the sheer number of federal crimes makes it impossible for citizens to understand the law and leads to overcharging, which can force innocent people into pleading guilty.

Dr. Patrick McLaughlin, Director of Policy Analytics at the Mercatus Center, presented data showing a significant increase in federal crimes from 3,825 in 1994 to 5,199 in 2019. He explained that the expansion of federal crimes is linked to increased incarceration rates and can lead to duplication of state laws, which weakens federalism and accountability.

Bianca Tyaac, Founder and Executive Director of Worth Rises, focused on the societal impact of overcriminalization, particularly on marginalized communities. She highlighted how arrests, even for minor offenses, can have a devastating impact on individuals and families, leading to job loss, financial instability, and family separation.

The panel emphasized the significant financial and social costs of incarceration. Miss Tyaac cited statistics showing that families of incarcerated individuals experience a significant drop in income and often struggle to make ends meet due to the cost of communication, legal fees, and other expenses.

Miss Tyaac argued that the exception in the 13th Amendment, which allows for slavery as punishment for crime, is a key factor in the perpetuation of overcriminalization. She advocated for the amendment's complete abolition.

Brett Tolman, Founder of the Tolman Group, argued that overcriminalization allows for politically motivated prosecutions, citing the case of President Trump as an example. He expressed concern that the current Department of Justice uses its vast discretion to target political enemies rather than upholding the rule of law.

Mr. Tiffany expressed concern about the expansion of federal agencies' regulatory powers, pointing to the IRS as an example of an agency that has expanded its authority beyond its original purpose. He argued that Congress needs to better define the boundaries of agency authority and hold agencies accountable.

Miss Dean highlighted the connection between addiction and incarceration, emphasizing that a significant percentage of inmates struggle with substance use and mental health challenges. She advocated for a care-based approach to addiction treatment and criticized the use of long sentences for low-level drug offenses.

Mr. Perel emphasized the importance of the "mens rea" element, which requires a guilty mind or intent to commit a crime. He argued that default mens rea requirements should be implemented to prevent the criminalization of unintentional or unwitting acts.

Mr. Tolman acknowledged the problem of overlapping statutes in the federal criminal code and suggested that Congress conduct a review to identify and eliminate redundancies. He argued that this would reduce the potential for overcharging and ensure fairer prosecutions.