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US NATIONAL COMMISSION ON LAW OBSERVANCE AND ENFORCEMENT - REPORT NO 2 - REPORT ON THE ENFORCEMENT OF THE PROHIBITION LAWS OF THE UNITED STATES

NCJ Number
44540
Author(s)
ANON
Date Published
1931
Length
289 pages
Annotation
THE OBSERVATION OF PROHIBITION LAWS AND DIFFICULTIES ENCOUNTERED IN THEIR ENFORCEMENT ARE REVIEWED, AND PROPOSALS FOR MORE EFFECTIVE ENFORCEMENT ARE PRESENTED IN THIS 1931 REPORT.
Abstract
THE HISTORY OF LIQUOR CONTROL IS TRACED FROM COLONIAL TIMES. THE PASSAGE OF THE EIGHTEENTH AMENDMENT IN 1920 ENACTING PROHIBITION AND ENFORCEMENT SINCE THAT TIME ARE DISCUSSED. THE CONDITION OF ENFORCEMENT IN 1931 IS EVALUATED, AND A WIDESPREAD DISREGARD FOR THE LAW IS REVEALED. THE PROBLEM OF INDIVIDUAL STATE COOPERATION IN ENFORCEMENT OF PROHIBITION LAWS AND THE MANY SOURCES OF ILLEGAL LIQUOR (E.G., IMPORTATION, ILLICIT DISTILLING, DIVERSION OF MEDICINAL AND SACRAMENTAL LIQUOR) CONTRIBUTE TO THE DIFFICULTIES OF NATIONAL ENFORCEMENT. MANY OF THE BAD FEATURES OF THE SITUATION ARE EXAMINED, INCLUDING CORRUPTION; PUBLIC OPINION AGAINST PROHIBITION; ECONOMIC DIFFICULTIES (THE HIGH MARGIN OF PROFIT IN BOOTLEGGING); AND THE INORDINATE STRAIN ON COURTS, PROSECUTING MACHINERY, AND PENAL INSTITUTIONS. PROPOSALS FOR MORE EFFECTIVE ENFORCEMENT -- BETTER ORGANIZATION OF ENFORCING AGENCIES, IMPROVEMENTS IN THE STATUTES AND REGULATIONS, GREATER CIVIC COOPERATION, AND PUBLIC EDUCATION -- ARE DISCUSSED. SEVERAL PROPOSED ALTERNATIVES TO THE SYSTEM ARE EVALUATED, INCLUDING REPEAL OR MODIFICATION OF THE NATIONAL PROHIBITION ACT AND REVISION OF THE EIGHTEENTH AMENDMENT. CONCLUSIONS AND RECOMMENDATIONS ARE SUMMARIZED. A FINAL SECTION CONTAINS THE SEPARATE STATEMENTS OF THE MEMBERS OF THE NATIONAL COMMISSION ON LAW OBSERVANCE AND ENFORCEMENT (THE WICKERSHAM COMMISSION) REGARDING THEIR FINDINGS AND SUGGESTIONS FOR IMPROVEMENT.