POLS 206 Lecture 8 Outline of Previous Lecture 4 1 America s Population 4 2 Freedom of Religion 4 3 Freedom of Speech 4 4 Freedom of Assembly Outline of Current Lecture 4 5 Right to Bear Arms 4 6 Defendants Rights 4 7 Right to Privacy Lecture 4 5 Right to Bear Arms Controversial right o Vague 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 o D C banned firearms within city limits so Heller sued o Right to keep and bear arms has nothing to do with militia clause can have for lawful defense of the home McDonald v Chicago 2010 o Chicago was trying to ban guns within city limits to reduce crime o Outcome fully incorporates right to keep and bear arms cannot ban right but can restrict it 4 6 Defendants Rights Searches and Seizures o 4th amendment protects against unreasonable or unlawful searches and seizures o Mapp v Ohio Exclusionary rule evidence collected illegally cannot be used against you Self Incrimination o 5th Amendment you cannot be compelled to be a witness against yourself right to remain silent double jeopardy o Miranda 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 o 6th amendment o Powell v Alabama 1932 o Trials 6th Amendment Right to quick and speedy trial Right to a fair trial impartial jury Cruel and Unusual Punishment o 8th Amendment protection from cruel and unusual punishment and excessive bails and fines o Furman 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 o Roe v Wade Looked at it as a privacy rights case Griswald v Connecticut 1965 o Could not have contraceptives o o o If death penalty was possible you had to be given a lawyer Gideon 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
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