The Prohibition Era and Policing: A Legacy of Misregulation

Interrogation law during the 1960s, fundamentally reshaped by the Miranda ruling, ensured that suspects who invoked their rights would not be subject to coercive tactics, but did nothing to ensure reliable confessions by those who were questioned. Perhaps a larger project awaits—refocusing our rules of criminal procedure on those concerns from which Prohibition distracted us: conviction accuracy and the use of force by police.. Explicitly recognizing that its decisions excluding evidence had not been well-received, the Court in the 1970s refused to exclude identifications merely because they were made in suggestive lineups. Racial tensions and police brutality were bigger concerns in the 1960s than illegal searches, yet when the Supreme Court imposed limits on officers' conduct in 1961, searches alone were regulated. Then, as Prohibition drew to a close, a presidential commission awakened the public to torture in interrogation rooms, prompting courts to exclude coerced confessions irrespective of whether the technique had produced a reliable statement.Prohibition's scheme lingered long past the Roaring '20s. State courts in the 1920s began to exclude perfectly reliable evi

Oliver does what historians do best—demonstrate how our present circumstances are profoundly shaped by our past, and how we might imagine a better future. "Wesley Oliver's The Prohibition Era and Policing places him firmly within the wonderful new body of historical work that shows us how Prohibition continues to shape American law, governance, and society. Biele Professor of Law and Affiliate Professor of History, Harvard Law School"Wes Oliver tells a fascinating story of criminal procedure in the early twentieth century, and he makes a novel, compelling argument for the centrality of the

Oliver is Professor of Law at Duquesne University. . Wesley M