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Do you have a right to own a gun

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2 Do you have a right to own a gun
Do you have a right to own a gun ? Which of the following three categories do you fall into? I believe that the second amendment prevents government from regulating the ownership of any and all guns. I believe that some regulation of guns such as certain types of guns, certain types of ammo, and who can own a gun is a reasonable response to the danger that guns present to society. Guns are dangerous, especially hand guns, therefore I believe that government should ban the production and ownership of all hand guns. Therefore the 2nd. Amendment does is a guideline not a rule

3 2nd. Amendment A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Does this mean that people are guaranteed by this Amendment to own guns free from government regulation? or does this mean that government can regulate the ownership of guns and the right to bear arms belongs to State Militias?

4 Use of guns in U.S compared to other countries.?
Highest murder rate in industrial world? About 30,000 people are killed in the U.S. each year by guns (murder, suicide, accidents) Hand guns are almost completely illegal in the United Kingdom and very difficult to get in other European countries


6 Can city government ban guns
Both the city of Washington D.C. and Chicago had laws prohibiting hand gun ownership. The Supreme Court had never addressed whether such laws were a violation of the 2nd. Amendment

7 Washington D.C Gun law case
District of Columbia v. Heller, (2008) is a landmark legal case in which the Supreme Court of the United States held that the Second Amendment protects an individual's right to possess a firearm for private use and declared the D.C. ban on handgun ownership unconstitutional. However, this case dealt with federal action since D.C. is controlled by the Federal Government---was this individual right protected from state government (Incorporation)? This "incorporation" issue came to the fore in the Supreme Court's hotly contested decision in McDonald v. City of Chicago 2010, By a 5-to-4 vote the court held that the individual right to "keep and bear" arms for purposes of self-defense established in the Second Amendment was protected against state action.

8 3rd. Amendment Amendment grew directly out of the old complaint against the British who forced people to take soldiers into their homes. This amendment forbids the government from housing troops in private homes during times of peace. During war troops can occupy private homes only with legal permission. This amendment does not have much meaning today, but may have violated repeatedly during the Civil War.

9 4th Amendment Prohibits unreasonable searches and seizures by government. Generally speaking authorities need to get a warrant before searching. In almost every case authorities need a warrant to search your home. However, there are times when authorities do not need a warrant to search your person or your property. Authorities can search without a warrant if there is probably cause. Some examples of probably cause would be: 1. evidence in plain view (what about smell????) 2. when putting someone under arrest Some other times when warrant not necessary 1. drawing blood or breathalyzer test for drunk driving 2. searching garbage at curb

10 What about wiretapping?
Originally authorities did not need a warrant to tap a phone. Today they do. However-----What about National Security cases? FISA law creates special secret court for government to get warrant Bush wiretapping program bypassed special court and ordered NSA to listen to phone calls coming into the country or going out of the country from suspicious locations.


12 What are you willing to give up to feel safe?
What 4th Amendment rights, if any, are you willing to give up to feel safe from terrorism? Are you willing to allow the police to search your house without a warrant? Are you willing to have all your phone calls listened to? Are you willing to have your phone calls listened to if you are calling suspicious locations? Are you willing to submit to pat down searches at the airport or body scans?

13 What happens if evidence was taken through an illegal search?
Evidence taken through an illegal search can not be used against you in court. This is true no matter if the evidence was taken by federal authorities or state.----This is known as the Exclusionary Rule.

14 Exceptions to Exclusionary Rule
Inevitable discovery good faith. Grand Jury proceedings. Evidence obtained through an illegal search of one person, can sometimes be used against someone else in a criminal trial.


16 Do the rules about searching without a warrant change at school?
Yes----in order for the authorities to search you they would need the legal standard of “Probable Cause”. However, while here at school all that is needed is a lower legal standard “Reasonable Suspicion”. The administration here at Salem conducts searches---they may search you, your locker, your back pack, and your car without a warrant if they have “Reasonable Suspicion”.

17 We the People book Lesson 32 page 170----READ
Page 174 answer questions in “Reviewing and Using the Lesson”

18 5th. Amendment Right to a Grand Jury No double jeopardy
Protection from self incrimination Guaranteed due process of law Eminent Domain

19 5th. Amendment to the Constitution
The right to a Grand Jury A. a grand jury is made up of 16 to 23 citizens who determine if there is enough evidence for a trial. B. The right to a grand jury is guaranteed only in federal court C. A grand jury proceeding is not a trial. It is one sided with only the prosecution presenting their case. D. If the grand jury agrees with the prosecution that there is enough evidence then they return what is called a “true bill of indictment”

20 Freedom from Double Jeopardy
The Federal Government and the individual states may not try a person twice for the same crime. However, a person can commit an action that is both a violation of federal law and state law—therefore they may be tried in federal court and state for violation of each law. A single act may violate many laws and a person may be tried for each violation. If the jury does not come to a verdict (hung jury) there is no jeopardy and a new trial may take place. An appeal that results in a new trial is not considered in violation of double jeopardy.

21 Freedom from self incrimination
A person may not be forced to give testimony that would make them look guilty of a crime. A person may only take this right for themselves---in other words you may not refuse to answer a question in court where your answer may incriminate someone else. However, some states allow husbands, wives, and children to not testify against one another.

22 Exceptions to the protection from self incrimination
Fingerprinting Photographed when arrested Submitting to handwriting samples Appearing in police lineups Taking a blood test DNA testing

23 Right of Eminent Domain
The government may not take private property for public use without paying a fair and just price for it. A citizen may go to court to determine a fair and just price. However, private property may be condemned for public use if it can be shown that a greater public good is derived.---Ex. Building roads, Andrew Lewis----- Recent controversial Supreme Court decision has given government greater power in this area---a city bought private property and then sold it to a developer so that the tax base would be increased for the city.

24 Right to due process Due process is guaranteed to citizens in the 5th. Amendment and the 14th. Amendment. Due process means that government must act fairly and act under fair laws. Procedural due process means that police must act fairly Substantive due process means that the laws under which authorities act must be fair.

25 Habeas Corpus Not in Bill of Rights
In body of Constitution---Article 1, Section 9, Clause 2 A court order directing that prisoners be brought to court and show cause for his or her detention. Gitmo-----should prisoners be brought to U.S. and face criminal charges in a court of law???---President Obama is closing Gitmo.

26 Is there a right to privacy?
The word privacy is not in the bill of rights. Can rights be implied? The right of privacy has evolved to protect the freedom of individuals to choose whether or not to perform certain acts or subject themselves to certain experiences.

27 What does Supreme Court say about Right to Privacy?
First case to recognize right to privacy: Griswold vs. Connecticut declared Connecticut law that banned the use of contraception unconstitutional. Roe v. Wade The court classified the right to privacy as fundamental, and thus required any governmental infringement to be justified by a compelling state interest. Roe held that the state's compelling interest in preventing abortion and protecting the life of the mother outweighs a mother's personal autonomy only after viability . Before viability, it was held, the mother's liberty of personal privacy limits state interference. Viability is defined as the third trimester of a pregnancy (last three months)

28 End Part 1 Get ready for the quiz
You will be tested on the 2nd. 4th. And 5th Amendments.

29 BRIEF REVIEW Communism—Karl Marx and Friedrich Engels—calls for state ownership of land and other productive property. Characteristics: Violent Revolution, Central Planning, State ownership, few if any individual liberties.

30 Brief Review Socialism—economic and political philosophy based on the idea that wealth should be equitably distributed throughout society. Characteristics---this equal distribution of wealth is done by the government. Socialist nations may be democratic. Socialism is brought about by democratic means not violent revolution.

31 Brief Review continued
Capitalism—(Sometimes called Free Market or Free Enterprise System). Private ownership of the means of production, distribution and exchange. Characteristics—private ownership, entrepreneurship, profit, and competition.

32 6th Amendment –Right to a Fair trial
Speedy public trial Impartial jury in the state and district where crime was committed. Be informed of the nature and cause of accusation To confront witnesses against them Compel witnesses in their favor to testify Right to an Attorney

33 6th. Amendment ---Speedy Public Trial
The right to a speedy trial has been defined as 100 days from arrest to beginning of trial. The right to a public trial is a protection against secret government trials where the fairness of them could not be monitored. 1. If states want to they may even put the trial on television. 2. Federal courts do not televise trials at this time. In fact no cameras are allowed in a federal court room.

34 Trial by fair and impartial jury ?
A Defendant has the right to a trial by jury (petit jury—which decides guilt or innocence)—However, a defendant may waive that right and be tried by a judge (bench trial). A Defendant is entitled to a fair jury which is defined as a fair cross section of the community. If any person is purposefully excluded because they are a member of a minority group then the defendant did not get a fair trial.

35 Be informed of the nature and cause of accusation before the trial
This allows an accused person prepare a better defense.

36 Confront witnesses against you and compel witness in your favor to testify
A defendant has the right to be confronted with witnesses against them in open court. This of course would allow those witnesses to be questioned. The defendant has the right to compel witnesses in their favor to testify. (They will be subpoenaed by the court)

37 Right to an Attorney The defendant has the right to counsel (lawyer) for their defense. 1. A defendant is entitled to a lawyer even if they can not afford one. Gideon v. Wainwright 1963 2. A defendant is entitled to a lawyer during police questioning. Escobedo v. Illinois 1964

38 Miranda v. Arizona 1966 Using the 5th Amendments guarantee of due process and protection from self incrimination plus the 6th Amendments guarantee of a fair trial the Supreme Court said that police officers must read a person their rights before questioning. You have the right to remain silent, anything you say can be used against you in a court of law. You have the right to an attorney during questioning and one will provided for you if you can not afford one. You have the right to end questioning at any time.


40 7th Amendment In federal cases where someone is suing for more that $20 a jury trial will be provided. Not incorporated

41 8th. Amendment-Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. Bail is a sum of money that the accused may be required to post. If the accused shows up for trial the money is returned. The Constitution does not say that all persons are entitled to bail therefore if the prosecution can show just cause no bail is granted.

42 Is this cruel and unusual?

43 Is this cruel and unusual punishment?

44 8th Amendment continued
The Supreme Court has never held that the death penalty is in violation of the 8th Amendment (cruel and unusual). 36 states and the federal government have the death penalty. Some states (Illinois, Maryland) currently do not use it though the law remains on the books.


46 Furman v. Georgia 1972 Supreme Court struck down all existing state laws allowing the death penalty because the laws gave too much discretion to judges and juries in deciding death penalty cases. States rewrote their death penalty laws and created two types: mandatory death penalty laws and two stage laws. The Mandatory death penalty laws were declared unconstitutional.

47 Two stage Death Penalty laws
States like Virginia rewrote their death penalty laws in The new law required two stages in a capital case---First stage was to determine guilt or innocence---Second stage was to determine if the circumstances in the case justified the death penalty. Two stage death penalty laws were ruled Constitutional in Gregg v. Georgia 1976 The first person to be executed under the new laws was Garry Gilmore in Utah 1977. He was executed by firing squad Today all states and the federal government that have the death penalty offer lethal injection.

48 We the people book Lesson 34----Read Define terms in “terms to know”
Critical thinking page Examing Early positions of punishment.

49 Death Penalty in Virginia---you do not have to write this
Virginia introduced the death penalty to the "New World" by hanging George Kendall in the early 1600's Virginia has carried out over 1,300 executions in its history, more than any other state. Between October of 1908 and March of 1962, Virginia used the electric chair to execute 236 people. 201 of those were black males, 34 were white males; one, Virginia Christian, was a 17-year-old black female. During that period, the youngest, Percy Ellis, was executed at the age of 16. In February of 1951, Virginia executed 8 men in a 72-hour period. All 8 men were black and 7 were executed for the rape of one white woman. These seven were known as the Martinsville Seven. Virginia's single year record for executions is 17 in 1909.

50 Virginia death penalty law
To be eligible in Virginia for the death penalty, a criminal must commit a murder under one or more special circumstances.  These circumstances include robbery or attempted robbery; rape or attempted rape or sodomy, or attempted sodomy, or object sexual penetration; abduction with intent to extort money; the killing of a law enforcement officer; a multiple homicide; murder for hire; murder while incarcerated; murder of more than 1 person in a 3 year period; drug related; pregnant woman; murder victim is less than 14 by an over 21 year old perpetrator. 

51 Other Cruel and Unusual cases
Putting two prisoners in a cell built for one was not considered in violation of 8th Amendment. Second electrocution after the first one had failed not in violation of 8th Amendment. Three strikes and your out law in Texas not unconstitutional.(3 felony convictions = life in prison) Execution of those who are legally and medically mentally deficient is in violation of 8th Amendment Execution of those who commit murders when they are under the age of 18 has recently been declared cruel and unusual punishment by the Supreme Court.

52 9th Amendment The Constitution sets out many civil rights. These rights are protections against government action. However, because some rights are listed this does not mean that the listed rights are the only rights that the people possess. Example; the right to travel freely, the right to privacy, and the right to have children are not specifically mentioned in the Constitution but most of us would say that these are indeed rights.

53 10th Amendment creates “Reserved Powers”
The Constitution specifically identifies powers to be possessed by the national government. The Constitution specifically denies certain powers to the national government and to the states. All powers not belonging to the national government nor denied to the national or state government belong to the states or to the citizens of the states. Examples: marriage laws, drinking laws, requiring doctors to have a license to practice, establish public schools,

54 14th Amendment Considered by many as the most important Amendment in the Constitution---Sometimes called THE GREAT AMENDMENT. Passed in 1868 to protect the rights of newly freed slaves. Establishes that newly freed slaves and all African Americans are citizens (reverses Dred Scott). Defines what a citizen is—”All persons born or naturalized in the U.S. and subject to the jurisdiction thereof, are citizens of the U.S. and of the State wherein they reside”—there is talk of changing this amendment and eliminating the section that allows citizenship by birth alone

55 14th. Continued “Nor shall any state deprive any person of life, liberty, or property without due process of law.”---5th Amendment also requires due process of law from national government. The 14th Amendment requires state governments to respect due process of law and gives the national government the power to enforce this requirement---almost amounts to a federal veto of state action. 14th Amendment also declares that no state may deny to any person within its jurisdiction the equal protection of the laws. ( gay marriage?) The Bill of Rights says that Congress shall make no law taking away your rights. The 14th Amendment in effect says neither can the states. This is called the principle of attachment.

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