Culture Conflict Between Moonshiners and the Government: An Explanation of Jury Nullification and Nolle Prosequi in Illicit Alcohol Offenses in Rural Communities

Abstract

The distillation, distribution and use of illicit alcohol have historically been widely accepted in many rural communities. A conflict has long existed between this community acceptance and the law. As a result, agents attempting to enforce alcohol violations pertaining to moonshine have historically been frustrated by their inability to gather posses, find witnesses and win convictions in court. This article uses data collected from qualitative interviews to examine how this social acceptance of illegal behavior has contributed to this frustration and demonstrates how cultural conflict explains why prosecutors decline to prosecute defendants for criminal offenses, an act commonly referred to in legal circles as nolle prosequi decisions, as well as examples of jury nullification.

Routine Activity Theory and Farm Equipment Theft: A Macro-Level Approach

“…Recent decades have featured increased attention to offending in rural communities, as researchers have sought to explore forms (e.g., moonshine production, poaching, timber theft) that are unique to the rural environment (see Green, 2011;Green, 2016;Mortimer et al, 2005;Serenari & Peterson, 2016 for examples). One such example, the theft of farm equipment, has been the focus of several empirical studies to date, as we have sought to develop an understanding of its prevalence and the factors that serve to influence risk of victimization (Barclay & Donnermeyer, 2011;McIntyre et al, 2017).…”