Law Observance: Shall the People of the United States Uphold the Constitution?

By W. Durant C. | Go to book overview

MULTIPLY ENFORCEMENT SUCCESSES
Judge Ewing Cockrell Circuit Court, Missouri President U. S. Federation of Justice
1. The Eighteenth Amendment is effective--to an extent.

Notwithstanding its failures, its successes have been many, its blessings are great.

The problem essentially is to make it more effective-- to multiply these successes and extend these blessings.

The plan here submitted is to utilize all the actual achieved successes of the 18th Amendment. It presents concrete means, of extending the definite methods and practices by which all these successes have been won.

2. Eighteenth Amendment effectiveness consists of two halves: (1) obedience--getting everybody possible to obey it; (2) enforcement--punishment of those disobeying it.

This plan covers both halves.

3. Eighteenth Amendment enforcement is literally nobody's business. It is the business of many independent bodies.

The violator of the Amendment fights nineteen soldiers o[the law. If he whips any one of these nineteen, he wins the whole battle. These nineteen are (1) police; (2) prosecutor; (3) trial judge; (4) authority selecting the jury panel; (5 to 16) twelve jurors, any one of whom may block a verdict; (17) appellate court; (18) jailor; (19) pardoning authority.


Slippery Bootleggers

If the police don't catch a bootlegger, all the other officials are helpless to convict him. If the jailor does not hold him, the efforts of all the others have been futile.

Hence effective enforcement comes only from all these

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