Overcriminalization and Washington's Revised Criminal Code

The Proposed Code is comprehensive, and when one adds the criminal provisions in other chapters of the Revised Code of Washington that will not be affected by the Proposed Code, it becomes obvious that Washington's criminal law does not suffer from the defect of failing to embrace and protect vital human concerns. These vital concerns are not denuded of the protection of the criminal law. To the contrary, the comprehensiveness of the Code raises opposite sorts of questions. Thus, the chief purpose of this article is to render a service of constructive criticism.

It will focus on several areas of the Proposed Code that are either inappropriate for the criminal sanction or too comprehensive and in need of adjustment or omission.