Search This Blog

Get updated

Friday, October 31, 2014

Capital Cases

What happened
Explain Decision
Amendment(s) used
McDonald v Chicago (2010)
Otis McDonald wanted to buy a handgun in order to protect himself in his dangerous drug and gang infested neighborhood. He owned a shotgun but wanted a handgun which were outlawed in his city.
The supreme court decided that the 2nd amendment protects the right to keep and bear arms for the purpose of self defense.
federal overrides the state rules(the precedent was set)
2nd amendment-right to bear arms
NAACP v. Alabama (1958)
The supreme court protected the right to assemble peaceably when decided the NAACP did not have to reveal its membership list and this subject its members to harassment
Because of the 1st amendment, you can not infringe on people’s rights to assemble and speak freedom of association. NAACP didn’t have to reveal it’s membership
1st amendment- right to assemble, freedom of speech
Gideon v. Wainwright
Gideon was a burglar,  caught and convicted of his crime. he could not afford to have a lawyer protect him from prosecution. Florida would not give him a lawyer. they only give lawyers in capital cases.
Wainwright was the attorney general of the state of florida
this law was overturned due to the 14th amendment right to legal counsel.

This case was a precedent to the miranda laws. Miranda Laws is telling the suspect/criminal their rights
6th amendment- due process clause: defendant needs to have a due process in the court of law
(possibly) 5th amendment also
Griswold v. Connecticut (1965)
There was a law in connecticut that contraceptives were not permitted. A doctor and a family planner were brought to court and convicted for distributing birth control
Supreme court ruled that it’s a matter between a man and a woman (privacy)  which includes family planning.
contraceptives became legal

states vs federal rights
9th amendment - right to privacy
1st amendment- freedom of religion
5th amendment- right to remain silent. they don't have to share private stuff.
Gitlow v. New York (1925)
Benjamin Gitlow handed out left-wing manifesto fliers( he was socialist)
was the law unconstitutional?
The law was voted as constitutional by the supreme court.
He went to jail for harming the people of the state.

1st amendment-freedom of speech, and press

No comments: