4.5. Re-Evaluating Policy 
ALISON S. BURKE 
Policies represent the current political climate and it is necessary to revisit and change them as necessary. 
For example, in 1787, only white men over 21 could vote, and the President could serve for as long as he 
was elected. Obviously, this changed. In the criminal justice world, many crimes are socially constructed and 
mala prohibita rather than mala in se, so creating laws and policies around them is as short-lived and fleeting 
as the new most popular meme. For example, the Eighteenth Amendment states (1917): 
“After one year from the ratification of this article the manufacture, sale, or transportation of 
intoxicating liquors within, the importation thereof into, or the exportation thereof from the United 
States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.” 
At the time, it was believed alcohol was the cause of crime, poverty, and social ills. Policy makers believed 
that the prohibition of alcohol (1920-33), or the “noble experiment” as it was called, would reduce crime and 
corruption, solve social problems, reduce the tax burden created by prisons and poorhouses, and improve 
health and hygiene in America. 
1 As you know, the experiment was an absolute failure. Crime actually 
increased and became organized, alcohol became more dangerous to drink because of the lack of regulations 
on bootlegged and black market production, corruption of public officials was rampant, and courts and 
prisons were stretched to capacity. 
Prohibition was eventually repealed by the 21st Amendment in 1933. There are many more laws and 
policies enacted every year in the United States that represent a current political climate or agenda. It is 
necessary, therefore, to reevaluate these policies, apply research the scientific method to assess their efficacy, 
and change modifies or repeal the laws as society changes. The United States Constitution is a living 
document, as are laws and policies. 
Bizarre, Weird, and Funny Laws 
As mentioned in this chapter, laws, and policies need to be revised and amended. Here are a few examples of 
outdated, bizarre, and just plain old funny laws from around the country. 
1. Thornton, M. (1991). Alcohol prohibition was a failure. Policy Analysis, 157:1-12. Retrieved https://object.cato.org/sites/cato.org/files/
pubs/pdf/pa157.pdf] 
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