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
 III: Quartering troops
 Searches &
seizures—must be
reasonable
 Probable cause
 Search warrant
 Signed by judge
 Exclusionary rule

4. 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

5. 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

6. 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)

7. Let’s examine the
data

8. 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

9. 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.

10. More on Executions

11. 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.

12. State methods (most use Lethal
Injection)

13. Crimes With Capital Punishment
State Crimes
Federal Crimes