Michigan law is plagued by catch-all clauses and broad statutes that make it hard for non-experts to understand what the law expects. These provisions, combined with vague statutory language, make it difficult for citizens to understand which conduct is prohibited. The Michigan Legislature should address these issues by refraining from putting catch-all phrases in new laws and ensuring new statutes are narrow and clear.

Catch-alls typically appear at the end of a criminal statute, stating that any other violation of the statute, without a specified penalty of its own, is also criminal. This forces the reader to understand an entire act to determine whether something is criminalized or not.

Under Michigan’s Public Health Code, seemingly minor violations, such as omitting material from an application, can lead to a felony charge under one statute, the same penalty that applies to significant crimes such as fraudulently gaining possession of a controlled substance.

With at least 265 catch-alls across the criminal code involving misdemeanor penalties, there's a significant risk that crimes with varying degrees of severity will be assigned the same punishment. It’s unlikely that violating an address-notification requirement would be prosecuted in the same manner as a more serious violation. But the law as written does suggest that failing to report a change in address would be a misdemeanor violation meriting jail time rather than a lesser offense that calls for a modest fine.

Some laws create generalized penalties across entire sections of the criminal code. Others are unclear. A 1970 law allows Northern Michigan University to “provide that a violation of its ordinances is a misdemeanor.” This implies that a university board of trustees, appointed by the governor, can create and define criminal behavior. Students and employees at Northern Michigan might be surprised to learn that the board has this power.

The rapid pace at which lawmakers create new statutes contributes to the confusion. According to MichiganVotes.org, legislators proposed about 58,000 bills since 2001 and enacted more than 9,500 laws. No citizen can reasonably keep up with that volume or track the variety of laws with catch-all provisions. It's nearly impossible for Michigan residents to abide by the law, which is too complex and growing ever larger. Lawmakers should consider the impact of each new law they write and ask whether it is necessary to define a new criminal act.

Michigan must prevent overcriminalization and confusion in its legal code. Lawmakers should work toward phasing out recent catch-alls and ensuring that new laws have clear penalties and limited scope. By creating clearer bounds for statutes and stopping the excessive use of catch-alls, Michigan can streamline its criminal code.

The law should be written in a way that all who abide by it can understand it. Creating narrower, more easily understandable laws is one way to do that, and it would help state residents.

Citizens, too, have a role to play. They should become more informed about various problems in how state laws are written, so they can avoid unknowingly committing crimes within the criminal code.

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