POLS 206 Lecture 8Outline of Previous Lecture-4.1: America’s Population-4.2: Freedom of Religion-4.3: Freedom of Speech-4.4: Freedom of AssemblyOutline of Current Lecture-4.5: Right to Bear Arms-4.6: Defendants Rights -4.7: Right to PrivacyLecture-4.5: Right to Bear Arms -Controversial rightoVague to some and very specific to others -Subject to national, state, and local restrictions-National Rifle Association (NRA)-State militias or individuals?-District of Columbia v. Heller (2008)oD.C. banned firearms within city limits so Heller sued oRight to keep and bear arms has nothing to do with militia clause, can have for lawful defense of the home -McDonald v. Chicago (2010)oChicago was trying to ban guns within city limits to reduce crime oOutcome: fully incorporates right to keep and bear arms, cannot ban right butcan restrict it -4.6: Defendants Rights -Searches and Seizures o4th amendment protects against unreasonable or unlawful searches and seizures oMapp v. Ohio -Exclusionary rule - evidence collected illegally cannot be used against you -Self-Incriminationo5th Amendment: you cannot be compelled to be a witness against yourself, right to remain silent, double jeopardy oMiranda v. Arizona (1966)-Accused of rape and murder, denied counsel, was not informed of 5th amendment rights-Police forced a confession out of him and rights violated -Right to Counsel o6th amendment: oPowell v. Alabama (1932)-If death penalty was possible, you had to be given a lawyer oGideon v. Wainwright (1963)-Gideon could not pay for an attorney and was not given proper representation so goes to jail -Extends right to counsel in any felony case, today you have to right to counsel if you could have to serve a single day in jail -Trials o6th AmendmentoRight to quick and speedy trial oRight to a fair trial, impartial jury-Cruel and Unusual Punishment o8th Amendment: protection from cruel and unusual punishment and excessive bails and fines oFurman v. Georgia (1972) -Sued to say that death penalty was unconstitutional -4.7: Right to Privacy-Is there a right to privacy-Controversy over abortion oRoe v. Wade -Looked at it as a privacy rights case -Griswald v. Connecticut (1965)oCould not have
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