Non-First
Amendment Rights
   SHS Social Studies
Amendment II
            Right to bear arms (possess
             and carry firearms)
            Original intent: citizen militia;
             Kings took weapons from
             political opponents
            District of Columbia v. Heller
             (2008)—individual right
            McDonald v. Chicago (2010)—
             applied to states (handgun ban)
Amendment IV (privacy)
   III: Quartering troops
   Searches &
    seizures—must be
    reasonable
       Probable cause
       Search warrant
       Signed by judge
   Exclusionary rule
Right to Privacy
   Griswold v. Connecticut (1965)
   Roe v. Wade (1973)
   Ohio v. Akron Center (1990): parental
    consent under 18
   Lawrence v. Texas (2003): Adults have a
    right to consensual sexual relations with
    one another
Is A Warrant Needed?
   Belief that someone committed a felony?
        Yes
   Crime committed in presence of police?
        No
   Garbage cans
        Yes (unless garbage has been taken out)
   Drug test
        No
   Vehicle
        No (even things in the vehicle)
   Wiretap
        Yes
More Amendments…
            Amendment V: self-
             incrimination (Miranda v.
             Arizona)
            Amendment V: double
             jeopardy (both state &
             federal laws violated?)
            Amendment VI: assistance
             of counsel (Gideon v.
             Wainwright) 5 years
Amendment VIII
   Against cruel & unusual punishment
       Punishment must fit the crime
   Death penalty?
       Furman v. Georgia (1972): unconstitutional
       Gregg v. Georgia (1976): constitutional if death
        penalty if certain procedures are followed—
        separate deliberations; specific crimes; appeals)
Let’s examine the
       data
Number of Executions
                      In 2008, 37 persons
                       in nine states were
                       executed -- 18 in
                       Texas
                      Of persons executed
                       in 2008:
                          20 were white
                          17 were black
Number of Executions
 All 37 inmates executed in 2008 were
  men
 54 women were under death sentence
 Lethal injection was used in 36 executions
  in 2008; 1 execution was by electrocution.
 Thirty-seven States and the Federal
  government in 2006 had capital statutes.
More on Executions
Inmate Abstract
   Inmates under sentence of death in 2007:
       nearly 2 in 3 had a prior felony conviction
       1 in 12 had a prior homicide conviction.
   Average age at time of arrest was 29
   Nearly 1 in 9 inmates were age 19 or
    younger at the time of arrest
   Youngest inmate under sentence of death
    was 19; the oldest was 92.
State methods (most use Lethal
Injection)
Crimes With Capital Punishment

  State Crimes
  Federal Crimes

Non First Amendment Rights

  • 1.
    Non-First Amendment Rights SHS Social Studies
  • 2.
    Amendment II  Right to bear arms (possess and carry firearms)  Original intent: citizen militia; Kings took weapons from political opponents  District of Columbia v. Heller (2008)—individual right  McDonald v. Chicago (2010)— applied to states (handgun ban)
  • 3.
    Amendment IV (privacy)  III: Quartering troops  Searches & seizures—must be reasonable  Probable cause  Search warrant  Signed by judge  Exclusionary rule
  • 4.
    Right to Privacy  Griswold v. Connecticut (1965)  Roe v. Wade (1973)  Ohio v. Akron Center (1990): parental consent under 18  Lawrence v. Texas (2003): Adults have a right to consensual sexual relations with one another
  • 5.
    Is A WarrantNeeded?  Belief that someone committed a felony?  Yes  Crime committed in presence of police?  No  Garbage cans  Yes (unless garbage has been taken out)  Drug test  No  Vehicle  No (even things in the vehicle)  Wiretap  Yes
  • 6.
    More Amendments…  Amendment V: self- incrimination (Miranda v. Arizona)  Amendment V: double jeopardy (both state & federal laws violated?)  Amendment VI: assistance of counsel (Gideon v. Wainwright) 5 years
  • 7.
    Amendment VIII  Against cruel & unusual punishment  Punishment must fit the crime  Death penalty?  Furman v. Georgia (1972): unconstitutional  Gregg v. Georgia (1976): constitutional if death penalty if certain procedures are followed— separate deliberations; specific crimes; appeals)
  • 8.
  • 9.
    Number of Executions  In 2008, 37 persons in nine states were executed -- 18 in Texas  Of persons executed in 2008:  20 were white  17 were black
  • 10.
    Number of Executions All 37 inmates executed in 2008 were men  54 women were under death sentence  Lethal injection was used in 36 executions in 2008; 1 execution was by electrocution.  Thirty-seven States and the Federal government in 2006 had capital statutes.
  • 11.
  • 12.
    Inmate Abstract  Inmates under sentence of death in 2007:  nearly 2 in 3 had a prior felony conviction  1 in 12 had a prior homicide conviction.  Average age at time of arrest was 29  Nearly 1 in 9 inmates were age 19 or younger at the time of arrest  Youngest inmate under sentence of death was 19; the oldest was 92.
  • 13.
    State methods (mostuse Lethal Injection)
  • 14.
    Crimes With CapitalPunishment State Crimes Federal Crimes