Case Law Brief
Presser v. Illinois , 116 U.S. 252 (1886)
By:
Ryan Garcia
ADJU 203 Concepts of Criminal Law Class
Dr. Bryan Silva, Professor
Administration of Justice Department
Center for Advances Technologies (CAT)
Modesto Junior College
March 8, 2017
Issue Before the Court:
Can states issue laws that restrict citizens freedom to gather in a militia-style group while bearing arms?
Rule of Law:
States can issue laws that restrict the right to bear arms during public demonstrations by unofficial militia groups.
Application of Facts:
Herman Presser led a militia group of fellow ethnically German citizens on a march to confront the private armies of Chicago business leaders. Presser led the march on horseback
Name: Terry v. Ohio 392 US1 Supreme Court 1968 Facts: The incident occurred on October 31st 1963 at approximately 2:30pm in the afternoon. The police officer who was dressed in plain clothes was attracted by Terry and Chilton who were casing a store. With 30 years of prior experience in the area. The officer knew casing when he saw it. He had been assigned to that area specifically in search for shoplifters and pick pockets.
Kaelea Tullly Moran v. Burbine Case When detained by the Police in Cranston, Rhode Island for breaking and entering Brian Burine was immediately given his Miranda Rights and he denied his right to a lawyer. Though the entire process the piece seemed to have obtained evidence they Mr. Burbine had committed a murder in near by providence Rhode Island. He confessed to the breaking and entering and tot the murder when he waved his rights. Because Mr. Burbine’s sister knew he had an appointment with a certain lawyer she called his office but he specifically was not available but his partner was.
Brady v. United States 397 U.S. 742 (1970) Intro: The Petitioner plead guilty to kidnapping after his co-defendant decided to confess and testify against him. Whether Brady’s (the petitioner) plea was made voluntarily was the issue. Relevant Law: “Just because a defendant discovers that the State would have had a weaker case or that they were not going to impose the maximum punishment does not mean that the defendant is allowed by law to disown his statements made in open court.” Facts: The Petitioner, in 1959, was charged with kidnapping.
Bradwell v. Illinois (1873) Myra Bradwell applied for a license in order to practice law in the State of Illinois in which she resided in. She included proof of the qualifications that she possessed in order to be able to practice law and also filed an affidavit which stated that she was born in Vermont but is now a citizen of the U.S. Bradwell’s license was refused because she “as a married woman would be bound neither by her express contracts nor by those implied contracts which it is the policy of the law to create between attorney and client.” Bradwell didn’t give up there; she then filed a printed argument stating her right to practice law. The court replied to her argument by saying that the privilege that they had of giving licenses
The Top Five Canada (Justice) v. Khadr Do you think the charter should always apply to the activities of the Canadian government officials exercising functions outside Canada? I concur with the Federal court's findings in that, The Canadian Charter of Rights and Freedoms were created to protect the rights and freedoms of Canadian citizens in Canada. Outside of Canada, citizens are protected by international laws between sovereign states. Therefore, crimes committed in other judicial sanctions should be dealt with by their own court of law, without interference of other countries sovereignty. The case of R. v. Cook is an exception; Canadian authorities interrogated Cook, a Canadian citizen, outside of Canada.
Justice Charles Lawrence of Illinois Supreme Court made an appalling statement in the case Bradwell v. Illinois back in 1873. "God designed the sexes to occupy different spheres of action, and that it belonged to men to make, apply, and execute the laws, was regarded as an almost axiomatic truth," Lawrence said (Lupton). At that time, other justices also had the same thought; as a result, Bradwell could not be allowed to be an attorney only because she was a married woman. However, in 1981, according to "Sandra Day O'Connor," O'Connor became the first women to be on the United States Supreme Court in 191 years of history of the court. Her becoming a justice in the court gave other women to have a chance to proceed in male-dominant fields, and
This law is a clear violation of the fundamental right to keep and bear arms. The wording of the Second Amendment is clear and does not mention anything regarding regulations. We as the court must ignore the
Citizens have the RIGHT to own a weapon in order to protect their being with any type of gun to their liking. Also, in The Debates in the Several State Conventions on the Adoption of the Federal Constitution from the record of New Hampshire's ratification requirements written in 1788 that “XXII Congress shall never disarm any citizen, unless such as are or have been an actual rebellion.” Our right to bear arms is so powerful, that not even our own government has the right to take away our weapons. Unless the pupil has used the weapon in any unacceptable way, such as harm, threat, or murder in another subjects life, can be
Updating the Amendment 2.0 The right to bear arms has been a favoured constitutional law since its establishment in 1791, but as more gun related violence and accidents occur, there has been increasing debate on whether or not guns should be banned in the US altogether, and if not, what regulations should be required for the purchase and handling of them. While guns should not be completely banned from the country, the rules and regulations of gun laws should be tightened. In the 2nd amendment, it clearly states that “the right of the people to keep and bear Arms, shall not be infringed.” While this statement still holds true, the evolution of firearms and how they have become more dangerous throughout the years is a clear sign of why the laws should be changed.
Background and Significance Even though there are recent tragedies that happened in the country that resulted on many fatal injuries due to gun violence, gun laws are basically remains unchanged. One of recent gun law that was passed was The Brady Handgun Violence Act that was signed by President Bill Clinton in 1993 that allowed a waiting period for criminal background check that dealers must perform before selling a handgun. However, an amendment was added to this bill which replaced the waiting period with National Instant Criminal Background Check System by licenses (Vizzard, 2015). The following year, The Violent Crime Control and Law Enforcement Act became law.
POW!! Imagine you just saved your family from a slum trying to take what you worked for Tough right? Well that can all change now. A concealed carry pistol can define, your life and death. Here's why,concealed carry should be for american citizens and why it should be legal for anyone without any restriction and permits, Also why concealed carry helps with crime and protects thousands of americans.
The right to bear arms has been a controversial issue ever since James Madison established it as the second amendment of the constitution. The second amendment states, “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” (US Const. amend. II). Those in favor of the second amendment, believe that arms are used for protection, dangerous situations, and sports.
The Second Amendment says, “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.” Gun rights has become the subject of intense political, social, and cultural battles for much of the last century. The pro-gun right side has asserted that the right to arms was absolute, and that any gun control laws infringed that right (Kopel, 2013). This right has been supported by the Supreme Court who has reinforced what has become the American consensus that the Second Amendment allows the right to keep and bear arms, especially for self-defense, and that it is a fundamental individual
According to the Second 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.” The Second Amendment specifically states that “the right of the people to keep
Since the begining of America, the Founding Fathers wrote the strong-standing Bill of Rights with amendments to protect the country that had just recently won their freedom, but one amendment has been the top theme of controversies for centuries. Gun laws offend the Bill of Rights in so many ways and they prove ineffective. Gun Laws are relevant due to thousands of deaths and self-protection. The argument goes on but without guns there is militia, one of the main intents of the Second Amendment. These simple rules can reduce deaths, proven by millions of influential people.