|1.||Local option in enforcement cannot be escaped under
our form of government. All our constitutions require local
grand juries to indict for serious crimes, local trial juries
for all crimes and sufficient evidence from confronting witnesses.|
Though the federal prohibition laws are, and under the 18th Amendment must be, general over the entire country, their application and success will, although enforcement officers be everywhere uncorrupted and zealous, differ in each community.
Voluntary obedience (the main feature of success) will depend wholly on local ideals and viewpoints.
Enforcement will be successful, or dreaded by the law- breaker, only (a) where grand juries will really investigate and indict, (b) citizens will inform and prosecute, (c) witnesses will testify to what they know, and (d) petit juries will convict on sufficient evidence.
Each of these necessary co-operating elements must remain local under our constitutional arrangements for criminal trials. A failure in any one paralyzes law enforcement and makes it a jest. The liquor laws meet these facts and their enforcement must take account of them.
|2.||Secret crimes which do no immediate and direct injury to any third person and involve no great outrage to public sentiment can hardly ever be controlled by law. Information on which to prosecute is hard to get, and motive for private prosecution is lacking. Indifference kills enforcement. Moreover, a law dealing with any human habit, appetite or passion must expect continual contest therewith and will never have complete success. Consider sex regulations,|
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Publication information: Book title: Law Observance:Shall the People of the United States Uphold the Constitution?. Contributors: W. Durant C. - Editor. Publisher: Durant Award Office. Place of publication: New York. Publication year: 1929. Page number: 442.
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