The mere fact that he may have answered some questions or volunteered some statements on his own does not deprive him of the right to refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned. (Miranda v. Arizona, 384 U
Because suicides involving guns have a higher rate of succeeding than other types of suicides, where victims often fail the first time and have a desire to continue living, the statistic is particularly harmful ("More than half firearm deaths are suicides"). In fact, Evaluating Gun Policy: Effects on Crime and Violence, postulates that one explanation of the high rate of suicide successes involving guns is that "availability influences the number of attempts" (Cook and Ludwig 42)
In addition to death and injury, public access to firearms results in an increased rate of crime. Although this problem is of a serious nature, it has been around, and left unaddressed, since the Civil War (Deconde 117)
While the Supreme Court's decision to uphold the second amendment in terms of private citizens answers some constitutional questions about the issue, it does not put an end to all firearm regulations. For instance, the sale of firearms can still be regulated; criminals and the mentally ill can still be banned from carrying weapons; bans in certain areas, like schools, are still permissible; and conceal and carry laws are still in place (Doherty)
Gun injuries and deaths also pose a very real threat to children and adolescents who may cause injury to themselves and others through accidental firings. A 2001 Yale University study gives credence to these finds when it suggests that safe storage laws did not result in a reduction of juvenile death or injury due to accidental gun use (Lott and Whitley)
Access to guns leads many ex-cons to violate the terms of their probation by purchasing a gun for protection because they are aware that their former enemies (and sometimes friends) are in possession of firearms. Even if this convict is trying to live a lawful life, the possession of this firearm could cost him or his/her freedom (Morley)
justice department has discovered a direct link between gun use and homicides. Of the nearly 100,000 killed each year by guns, 20,000 are children and adolescents under twenty (Reich, Culross, and Behrman 5)
Brennan means that it is arrogant to assume we can determine the intentions of the Framers from our vantage point, and an examination of records from the time of the writing of the Constitution usually shows only that there were disagreements among the Framers. Brennan says that the doctrine of original intent is a form of "facile historicism" that is justified by proponents "as a depoliticization of the judiciary" (Brennan 5)
However, Scalia is actually more tied to the idea of textualism. Scalia addresses this idea in his book a Matter of Interpretation: Federal Courts and the Law, though he is not speaking in this book only about the Constitution, for he refers in his opening to "the current neglected state of the science of construing legal texts" (Scalia 3)
was unconstitutional and not authorized by the 13th or 14th Amendments of the Constitution." (Wormser)
The judiciary uses its power of judicial review the most. (Mount, 2006)
Constitution / Supreme Court Free Speech and College Campuses The Foundation for Individual Rights in Education has posted it's college speech code of the month of February, highlighting the University of Utah's policies towards print materials near or in campus residence halls. According to FIRE, the University of Utah's policy is written as such, "Housing & Residential Education will not approve any information that is deemed to be racist, sexist, indecent, scandalous, illegal, inciting, advertise alcohol or illegal substances, or in any way oppressive in nature," (Harris, 2008)
Potter, is a case which deals with the Age Discrimination in Employment Act (ADEA) and what employers can do to protect themselves against former employees suing them for breach of this code. The ADEA states that employers cannot in any way retaliate former employees who are now seeking legal action, if the were wrongfully terminated, (Okamura, 2007)
Certainly there are prisons in Texas (as elsewhere) that are over-crowded, where there have been problems. In particular, only 21 of the 111 prisons in Texas are fully air-conditioned, according to an article in The New York Times (Fernandez, 2012)
Constitution states that "cruel and unusual punishments" are not legal. The plaintiffs claim making prisoners suffer through Texas summers without air conditioning is cruel and unusual punishment (Michaels, 2012)
That said, the Mountain View Unit Prison near Gatesville, Texas, a 610-inmate maximum security prison (and the home of death row for females), has progressive programs for rehabilitating prisoners. The opportunity is there at Mountain View for prisoners to learn how to translate ordinary materials into Braille (Turner, 2012)
Those four amendments include the following: (1) First Amendment -- This amendment governs to what extent authorities restrict the rights of inmates in regards to religion, speech press, and in general, the right to communicate with persons outside the jail. (Thigpen, Hutchinson, Persons and Holland, 2007) (2) Fourth Amendment -- due process and equal protection
Quotable: "We conclude that in the field of public education, the doctrine of separate-but-equal has no place. Separate educational facilities are inherently unequal" (Alexander and Alexander, 2011, p
However, as Hinchey (2001) observes, the court pointed out that in addition to being justified at their inception, school searches also needed to be reasonable as far as their intrusiveness and objectiveness was concerned. Quotable: "The legality of a search of a student should depend simply on the reasonableness, under all circumstances, of the search" (Hinchey, 2001, p
This is more so the case given that there was no evidence presented to prove that their actions had caused any kind of disruption or disturbance. Quotable: "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech and expression at the school gate" (Imber and Geel, 2010, p