26 August 2015

Prohibition in the 1920’s: socio-cultural and economic issues
Research Paper Plan

Prohibition in the 1920’s: socio-cultural and economic issues
1.Intro :
Explain that Alcohol is a drug ( psychoactive effects, addictive) but that it is not considered as such. Show that alcohol is profoundly anchored in culture and economy (profitable market etc..) Then transition with the fact that it has not always been like that : Wartime Prohibition Act in 1917( because of WWI) . Actual law in 1919(the National Prohibition Act, also known as Volstead Act)
è Socio cultural consequences
è Economic changes
è Radical reactions : criminality , traffics
2. Origins of the Prohibition :
-WHY ? Explain the prohibition was a rather long process.
-First reason: health ( 19th studies show that alcohol is noxious)
– bad image of bars: drinking, gambling and prostitutes
– Protest against alcohol (Puritans , Feminists … “According to Ohio State University (OSU) studies, the Anti-Saloon League created in 1893 began, with the help of the Woman’s Christian Temperance Union”)
– alcohol was in economic boom: estimations were announcing one saloon for 200 citizens according to OSU
3. HOW DOES PROHIBITION WORK :
“First there was only the 18th Amendment to regulate the use of alcohol. The procedure consisted in forbidding the production, sale, and transport of intoxicating liquors.” Since “intoxicating liquors” were not clearly defined, and that no penalties were provided for wrongdoers, prohibition was not the same everywhere”. 
          With Volstead act : intoxicating liquor= < 0,5% of alcohol drinks
          GOAL : eliminate supply ( manufacturers and sellers: factories,businesses , saloons) to eradicate the demand
          1920’s : focus on countryside where prohibition was not effective ( History Channel : 30% drop of consumption )
          Transition
4. SOCIO-Cultural Changes
“The main and mostly known social change was the explosion of criminality”.
          Illegal traffics spread through the USA form MEXICO CANADABAHAMAS WEST INDIES ( smuggling)
          à MAFIA ( mostly from Italian immigration ) Highly organized and dangerous.
o   Control on politics ( agreements with police, politicians)
o   Fear environment ( violent actions)Strongest impact : New York and Chicago  
o   Al Capone ( Chicago’s most wanted man for several years) “History Channel: “earned a staggering $60 million annually from bootleg operations and speakeasies”

          With Gang activity  came violence: -homicide rose from 28 percent according to Thorton  
o   arrests for drunkenness increased of 41 percent, and arrests for drunk-driving rose of 81 percent
          Cultural impact :
o    Popularization of Cocktails ( because alcohol were of low qualityà blending it ) it became a real trend.
o   Home brewing was common and easy ( drawbacks : low quality and hygiene)
o   “1000 Americans died every year because of tainted liquor according to Michael Lerner”

          Social impact :
o   Massive reluctance : . “Seldom has law been more flagrantly violated. Not only did Americans continue to manufacture, barter, and possess alcohol; they drank more of it” (Bowen)
o   Speakeasies : places where people gathered in underground places to find liquor  ( “twice as many speakeasies in New York that there were saloons before the Prohibition.(thorton) )
o   Exodus : Artists left the US ( EXAMPLES : Fitzgerald left the US to go to France to write ;  Louis Armstrong left New Orleans to bigger cities ( Chicago NewYork) where alcohol could be found anywhere) Jazz became popular in Speakeasies and spread across the country into different styles ( most important musical revolution of the century)
o   More acceptance of Black People in speakeasies
o    In addition, prohibition also changed the perception of women’s public drinking.
o   Rise of the consumption . According to the journalist E.E. Free from Popular Science, the annual per American alcohol-l expenses came from $17 in 1917 to 35$ in 1930.

5.ECONOMIC DRAWBACKS
– Ambiguity of definition of “ intoxicating beverages”( 18th Amendment)  => no impact on sales at first .
– No growth in other goods ( real estate, clothes, households), contrarly to what was expected. Theaters also were expected to sell more tickets => NO
– the complete opposite happened , and the saloons brewery distilleries closed : creating thousands of unemployed people  à Market declines, restaurants also
– Some States’ Finances were hurt : “According to Michael Lerner, before 1917, 75percent of New York’s revenue came from liquor and derivatives”
-Prohibition overall cost: $11billion to Fed. Government
 . – => INCREASE Income Taxes
          Underground economy : Al Capone fortune ( $105 million) à profitable industry “According to justice data, Al Capone men earned 250 dollars a week which was far more than ordinary wages at the time.”
. – On the other hand , prohib led to more sales in food: with speakeasies people consumed food along with alcohol . Italian mobsters sold their food in speakeasies ( rise of Italian food)
– Grape was legal so people bought gallons of it . Let it ferment in 60 days they had 15% alcohol. Growth for Californian grape growers, who had to buy more land . Increase of 700% of cultivated lands in the beginning of the prohibition.
– In the country there are low controls
à people did it a lot: ( eg. LAWLESS movie : 3three country men bootlegging business in Virginia .
          BEFORE Prohib. ———————————-à AFTER PROHIBITION
                              BEER : + 700percent in price
                          SPIRITS : +270 percent in Price
6. CONCLUSION
Repealing of prohibition in 1933 with 21st amendment.
PROHIBITION was a failure : citizens form all social classes , companies, land owners and politicians ( F.D.Roosevelt)             showed that alcohol industry would be good after the GREAT DEPRESSION ( provide taxes for the states, create jobs)
à Association Against the Prohibition Amendment, the Moderation League of New York
LAST states to abandon prohibition MISSISSIPPI ( 1966)
 “After the repeal, former supporters of the prohibition admitted it was a failure given the economic, social and cultural drawbacks it has brought.  



WORKS CITED
“History of Alchohol Prohibition”. National Commission on Marijuana and Drug Abuse.
-Thorton, Mark. “Policy Analysis: Alcohol Prohibition Was a Failure.” July 17, 1991. Online. Netscape. 23 April 1998.
-Bob Skilnik (2006). Beer: A History of Brewing in Chicago
-“Why prohibition? “ Ohio State University http://prohibition.osu.edu/why-prohibition
– Bowen, Ezra, ed. This Fabulous Century. 6 vols. New York: Time Life Books, 1969.
-E. E. Free (May 1930). “Where America Gets Its Booze: An Interview With Dr. James M. Doran”. Popular Science Monthly 116 (5): 147. Retrieved 2013-11-7



26 August 2015,
 0

Prohibition in the 1920’s: socio-cultural and economic issues Research Paper Plan Prohibition in the 1920’s: socio-cultural and economic issues 1.Intro : Explain that Alcohol […]


26 August 2015

Points about bullying

a statement of bullying as you see it with EVIDENCE and EMOTION as supporting points

a short statement of what you think needs to be done to solve the problem of bullying

a clear explanation as to how the solution will put to an end to the problem with EVIDENCE and EMOTION

26 August 2015,
 0

Points about bullying a statement of bullying as you see it with EVIDENCE and EMOTION as supporting points a short statement of what you […]


26 August 2015

Traditionally,how has estimated Labour supply elasticities differed between men and womenPaper instructions:
Topic:Traditionally,how has estimated Labour supply elasticities differed between men and women? How can economic theory explain this?.Outline the relevant emperical evidence from more recent literature.

Reference should be from 2008 till date

26 August 2015,
 0

Traditionally,how has estimated Labour supply elasticities differed between men and womenPaper instructions:Topic:Traditionally,how has estimated Labour supply elasticities differed between men and women? How can […]


26 August 2015

Pregnancy Advisory Council v Secretary of State for Health [2011] and answer the following questions

PART A

(50% of the overall mark for this coursework)






Read through the extract from Pregnancy Advisory Council v Secretary of State for Health [2011] and answer the following questions:






1. What were the material facts in the case?





2. Explain, in your own words, the legal issue(s) in the case.




3. Which technique(s) of statutory interpretation, presumptions and/or ‘rules of language’ did Mr Justice Slipperville employ in the case? Evidence your answer by reference to relevant dicta in the case.



4. What additional technique did counsel for the Claimant seek to persuade the court to use?





5. Explain, in your own words, the ratio decidendi of Pregnancy Advisory Council v Secretary of State for Health [2011].




Word limit: There is no word limit for Part A of the assessment. However, your answers should be as concise, precise and accurate as possible without being repetitive (see criteria below). The questions in Part A are not equally weighted.





Important notice: When answering questions relating to the material facts, legal issue and ratio decidendi of the case, you MUST confine your reading to the case extract provided. If it is apparent that you have referred to extraneous material relating to the reported decision such as law reports, case summaries, textbook or other similar material, this will be reflected negatively in your mark.





Assessment criteria for Part A

Your answers should:

1. Be clear, concise and accurate

2. Not be repetitive

3. Contain only relevant information

4. Demonstrate a comprehensive understanding of the case

5. Demonstrate an understanding of techniques and aids to statutory interpretation









PLAGIARISM WARNING





You must not plagiarise material from the case extract. Any material taken directly from the judgment must be in quotations and refer to the appropriate paragraph number(s). You will receive very little credit if you use quotations to explain the material facts, legal issue and/or ratio decidendi.

26 August 2015,
 0

Pregnancy Advisory Council v Secretary of State for Health [2011] and answer the following questions PART A (50% of the overall mark for this […]


26 August 2015

It transpires that Carl is a disqualified driver. He is arrested by the two officers for driving whilst disqualified under section 103 Road Traffic Act 1988

PART B 

(50% of the overall mark for this coursework)


Please read the following scenario and answer all the questions below with respect to it.

NOTE: The % allocated to each question is not prescriptive – it is merely a guide as to the weight to be attached to the question when marking your coursework against the generic grade descriptors.

Word Limit for Part B:  2,000 WORDS (you must include a word count)


ASSESSMENT CRITERIA FOR Part B

Your answers should:
  1. Demonstrate accurate factual understanding and analysis of the scenario
  2. Demonstrate recognition of legal issues arising from the facts of the scenario
  3. Demonstrate clear, accurate and concise statements of law fully supported by comprehensive and accurate legal authority with specific emphasis on primary sources
  4. Demonstrate clarity and accuracy in the English language
  5. Comply with the Nottingham Law School referencing guide – details can be found on NOW – which includes a requirement to produce a bibliography




Andy, Bert and Carl are three friends who have known each other from school, and who live in a popular seaside resort. They are all adults in their mid- twenties, and all have previous convictions for violence and various burglary and theft offences. They are all en route in Carl’s car one evening when they are stopped by two police officers in their patrol car.  There is recent intelligence about the occupants of this car being involved in criminal offences. The stop and search by the two officers is entirely legal and justified. The police do a check on the Police National computer on the three occupants of the car.

As a result of the police stop and search the following scenario(s) unfold.

Question 1
 It transpires that Carl is a disqualified driver. He is arrested by the two officers for driving whilst disqualified under section 103 Road Traffic Act 1988. This is a summary offence only. He is eventually charged that evening at the police station and bailed to court.

Explain in your own words, with reference to relevant primary authority, the full court process in this scenario.
 [5% of the marks for part B]
Question 2
The two police officers call for ‘back up’ and officer Stern quickly arrives at the scene. She is a police dog handler and is accompanied by her police dog, ‘Rover’
Bert is an extremely dangerous person and has been wanted for questioning for several months by the police. It transpired that during an argument in a pub he smashed a beer glass into someone’s face, causing severe facial injuries. Stern arrests him with the help of Rover. Bert is later charged at the police station under section 18 of the Offences Against the Persons Act 1861, an indictable offence only.  He is kept in police custody to be put before the first available court.

Explain in your own words with reference to the primary authority the full court process that will take place in this scenario.
 [5% of the marks for Part B]
Important Note
When answering questions one and two above it is not necessary to consider bail implications or pre-sentence reports.


Whilst the three police officers are busy arresting Carl and Bert, it gives Andy the chance to run away from the car. He knows there is a warrant out for his arrest for failing to pay court fines from a previous Conviction. He goes on the ‘run’ and is afraid to go home in case the police are waiting for him. He has nowhere to live and so breaks into a caravan on a caravan site by forcing the door with a screwdriver. The caravan is temporarily unoccupied over the winter months. He stays in the caravan for several days helping himself to some of the beverages in the fridge and the food in the cupboards that belong to the caravan owner. A person visiting a caravan nearby realises that the caravan should be empty and informs the police. The next morning the police arrive early but Andy sees the blue flashing lights at the entrance to the caravan park. Believing that the police are here to arrest him he ‘legs’ it through an adjoining fence into an adjacent builders yard. The fence, which is the responsibility of two builders, Smith and Jones, had not been maintained properly. Whilst running through the yard, Andy trips and falls onto some wooden planks. Unfortunately the planks have nails protruding through the wood. Andy injures himself badly on the nails with one of them piercing his right hand causing severe pain.  He does, however, manage to evade the police.
The police discover that the caravan has been illegally entered and food and drink stolen. The owner of the caravan subsequently makes a written statement to the police about the burglary of the caravan and the theft of food and drink. The police crime scene visitor recovers fingerprints from some of the empty beer cans in the caravan and also takes samples of Andy’s blood in the builders’ yard. The forensic evidence at the scene matches Andy’s fingerprints with his DNA.

Two weeks later, after a covert police surveillance operation, Andy is arrested by the police on suspicion of burglary and theft at the caravan.
The Crown prosecution lawyer decides to charge and prosecute Andy with the offence of burglary and theft under Section 9 (1) (b) of the Theft Act 1968. This is an either way offence.


Question 3
What factors will the lawyer take into consideration in making these decisions? In answering this question ensure you should also consider the application of the facts of this case to the criteria the lawyer must consider by reference to relevant primary authority.
[25% of the marks for Part B]

Question 4
Explain in your own words the full process that will unfold as A’s case progresses through the Magistrates’ court. Evidence your answer with particular reference to the relevant primary authority that the Magistrates will consider. Do NOT in your answer concern yourself with any of the following
·         Bail;
·         Pre- sentence reports;
·         Requests for an indication of sentence; or
·         The specific burglary and theft guidelines laid down by the Sentencing Council.
[25% of the marks for Part B]


Question 5
Andy is ultimately dealt with at the Crown court. During the trial and after the prosecution have presented their evidence, Andy gingerly requests that his defence lawyer enters a submission of ‘no case’ to answer on his behalf.

 With reference to relevant primary authority, explain to Andy the law concerning a submission of ‘no case’ to answer that the judge would have to consider if such a submission was entered. In considering your answer you must arrive at a conclusion as to the likely outcome of such a request in this case.
 [10% of the marks for Part B]

Question 6
Andy is ultimately dealt with at the Crown and is found guilty by the jury trial. He is sentenced to 18 months imprisonment by the judge. Weeks after the trial it emerges that during the trial one of the members of the jury had researched Andy’s previous history of offending through use of the internet. That jury member had informed several other members of the jury discreetly about what he had found out about Andy.  Andy’s barrister is now aware of this issue concerning the jury deliberations and appeals to the Court of Appeal, arguing that the conviction as ‘unsafe’.

With reference to the relevant case law in this area explain what aspects of the law concerning the jury this scenario raises.
[10% of the marks for Part B]


Question 7
Andy is left badly scarred by the fall on the nails and the use of his right hand is now partially restricted. He wants to sue Smith and Jones for compensation in the civil courts.

With reference to primary authority explain how Andy can finance his planned action against them, and the financial consequences should he be unsuccessful at trial. How would your answer differ, if at all, if Andy were to be successful at trial?
[15% of the marks for Part B]


Question 8
Andy decides to commence a claim for £17,000 in damages against Smith and Jones.

In which court should his claim be commenced? Support your answer with reference to relevant primary authority.
[5% of the marks for Part B]

 Click here for more on this paper…….

26 August 2015,
 0

It transpires that Carl is a disqualified driver. He is arrested by the two officers for driving whilst disqualified under section 103 Road Traffic […]


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