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”

• Ambiguity on official meaning for years• Use of words “militia” and “people”• The weapons of individuals, or of the

public as a whole?

2nd amendment

• SCOTUS finally ruled on issue in 2008 and 2010 2008—fed law gives individual right

unconnected to service in militia2010—state law incorporated, gives

individual right

Both cases overturned handgun bans

2nd amendment

• Gun rights restrictions the court allowsConcealed weapons restrictionsPossession by felons/mentally illCarrying in some places

Schools, government buildings, etc.

Conditions/qualifications on salesCertain types of weapons can be banned

(particularly dangerous/unusual)

3rd amendment

• “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.”

• Historical relic from British occupation

• Rarely judged in US case law history…

3rd amendment

• BUTInterpreted as implying that a

person’s home should be safe from agents of the government

Becomes important later…

4th amendment

• “The right of the people to be secure in persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and

• no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

4th amendment

• A judge must ok a warrantMust have probable cause to searchSomeone must swear to information

that leads to probable cause decisionWarrant must be limited in scope

4th amendment

• Mapp v. Ohio (1961)Exclusionary Rule

Evidence obtained in an illegal search cannot be used in court

4th am protections are incorporated

4th amendment

• Exceptions to warrant requirement:ConsentPlain view“Open fields”

Pastures, open water, woods (even if private property)

Exigent circumstances Danger, evidence destruction, escape

Motor vehicles

5th amendment

• “No person shall be held to answer for a…crime, unless…indictment of a Grand Jury…

• nor shall any person…for the same offense to be twice put in jeopardy of life or limb…

• nor shall be compelled in any criminal case to be a witness against himself,

• nor be deprived of life, liberty, or property, without due process of law;

• nor shall private property be taken for public use, without just compensation.”

5th amendment

• Grand juriesReview evidence before a trialDecide if enough evidence exists to

bother with a trialIntermediate step to cut time for

innocent people

Double jeopardy

• Can’t be tried again for exact same crime if found not guilty

• Prosecutors can’t appeal acquittals

Self-incrimination

• Suspects don’t have to answer questions that would prove guilt

• Refusal to answer a question can’t be used as evidence

• Can’t “plead the fifth” to avoid questions proving guilt of others

Self-incrimination

• Miranda v. Arizona (1967)Police must inform suspects of their

right to remain silent

Due process

• Governments must follow certain procedures properly before taking life, liberty, or property

• 5th am requires due process of national gov

• 14th am includes a due process clause for states

Eminent domain

• Government may take personal property for public use, but the owner must be compensated

• What is public use?

Eminent domain

• Regulatory takingGovernment taking value of property

without taking the actual propertySimilar rules as eminent domain

6th amendment

• In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,

• by an impartial jury…• …informed of the…accusation; • …confronted with witnesses against him; • …have compulsory process for obtaining

witnesses in his favor, and • …have Assistance of Counsel for defence

6th amendment

• Right to an attorneyRight has increased over the yearsGideon v. Wainwright (1964)

Suspects accused of felonies are allowed attorney

Right to attorney incorporated

Later cases allow attorney requirements for smaller crimes

7th amendment

• Suits at common law, where the value in controversy shall exceed $20, the right of trial by jury shall be preserved…

• Like 3rd am, basically a historical relic• Rarely tested in court

8th amendment

• “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

• Some punishments forbidden altogether

• Punishment must fit severity of crime

• Some punishments not allowed for certain criminals

8th amendment

• Punishments absolutely forbiddenDrawing & quarteringDissectionBurning aliveDisembowelingExecution of mentally handicappedExecution of criminals who were

minors when crime was committed

Death penalty

• Furman v. Georgia (1972)Death penalty applied in random and

discriminatory waysDeath penalty temporarily suspendedStates must create death penalty

laws that are equally and fairly applied

Death penalty

• Gregg v. Georgia (1976)State death penalty laws rewrittenDeath penalty is legal if there are

strict controls on its application