Harold Staples was convicted under the National Firearms Act for unlawfully possessing a fully automatic assault rifle that was not properly registered with the National Firearms Registration and Transfer Records. Staples claimed he had no idea that the gun could fire automatically. At the trial Staples requested a jury instruction that he could not be found guiltily unless there was proof that he knew the gun was fully automatic. The trial judge ruled that the National Firearms Act did not require knowledge or mens rea but that it was a strict liability crime. The Appellate Court affirmed the conviction.
United States Supreme Court ruled in 2008 and 2010 that the reference to militia is just an explanation of why Congress ratified the amendment (civil-rights.lawyers.com). A human right is to bear arms, it states it in the second amendment. There are multiple reasons why you should be able to own a gun. Protection and hunting are two big reasons. Also, people kill people, not guns.
The second amendment is an amendment to the United States of America’s constitution on control of guns. It allows for a well-regulated militia as a necessity to security of a free state without limiting the right of the people to own guns (Lithwick). Daniel J. Schultz interprets the intended meaning of this amendment based the terms used in the amendment. Schultz notes that the term “well-regulated” as used in the second amendment brings some misunderstanding. In today’s English the term means a strict government regulation while its intention was not to have national government’s regulation.
In regards to the pretrial steps of the 1931 Case, there seemed to only have, as Nesson describes, Complaint and Discover (1-47. The complaint would be tax evasion against the federal government (weebly.com, “(1931) Al Capone”) while the discovery would be the witnesses and physical evidence gained to prepare the case (weebly.com, “(1931) Al Capone”). In addition, there were arraignments, since Capone originally pleaded guilty; (FBI.gov, “Al Capone”) however, pretrial motions could be found in the research. The case was not held local or state court; it was done in federal court (FBI.gov, “Al Capone”). With regards to the courtroom group, the prosecution lawyers are Grossman and Clawson (law2umkc.edu, “All Capone Trial (1931)”) Also, the the defense attorneys for the case were Fink and Ahern (law2umkc.edu, “All Capone Trial (1931)”), while the judge presiding, was Judge Wilkerson (weebly.com, “(1931) Al Capone”).
The Second Amendment of the Constitution clearly 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.” Humans having ownership of a gun is a American tradition, thus is older than the country itself, and the second amendment protects this tradition. If America was to enforce more gun control laws, thus would interfere with the second amendment. The Second Amendment is a right therefore a person is not forced
Two years ago, in June of 2008, the Supreme Court ruled in District of Columbia v. Heller that District of Columbia’s law which banned its citizens from keeping a handgun in their home violated the Second Amendment, which protects the right of the people to keep and bear arms. When looking back on this case, it must be noted that the Supreme Court did not clearly define whether or not the Second Amendment applied to the States, since the District of Columbia is a federal territory, run solely by Congress. Fast forward to today in Oak Park, which is a suburb of Chicago, they have laws in place that ban almost all citizens from possessing a handgun. Otis McDonald, Adams Orlov, Colleen Lawson, and David Lawson filed a suit against the city, stating this ban has left them without a proper tool for self-defense against criminals, and that it violates their Second and Fourteenth Amendment rights. By definition
However, there's too much freedom in regards to gun control. The second amendment clearly states that the need for arms is only necessary in case of a militia to form. We as a country are no longer in the need of a militia since we are not in the wild west (constitution amend 2). Another valid argument that if we were ever in a deficit of soldiers we would draft them like it happened in the Vietnam war. The second amendment says that we have the right to bear arms, but it never specifies their intentions.
During Vinny's questioning, Lisa comes to the same conclusion and testifies that the only vehicle that could possibly make the escape and be mistaken for Billy's 1964 Skylark may be a 1963 Pontiac Tempest with the same colour and tires. After re-calling George Wilbur as a witness to confirm this, Vinny re-calls the local sheriff, who has finished the records search. The sheriff testifies that two men resembling Billy and Stan were just arrested in another county for driving a stolen Pontiac Tempest, and were in possession of a gun of the same caliber used to kill the clerk. The defeated Trotter moves to dismiss all the charges, and the film ends
American sniper Chris Kyle was murdered February 2, 2013. His murderer Eddie Ray Routh plead insane and blamed mental illness, he was found guilty of his crimes and sentenced to life in prison after the evidence of him ordering fast food after the murder was brought forth. An act he cannot perform with his “mental illness.” Ruth Lee Johnson J.D. graduate of Harvard Law school writes about the defense saying “Insanity is a legal term, not a medical term.” This gives the jury the power to determine insanity, opposed to a psychologist. Does the jury have the qualifications to make such decisions and even if some are truly insane how can you differentiate between them and those who want an easy way out?
The officer driving the van was accused of second-degree "debased heart homicide," and others were charged with violations extending from murder to unlawful arrest. A later "rebuttal" to statements that the blade was illicit, prosecutors argued that Gray was "wrongfully arrested" well before the officers realized that he had a blade, and without "probable cause." On May 21st, 2015, a grand jury summoned the officers on the "vast majority" of the first set of allegations filed by Mosby of the particular case of the charges of "unlawful detainment and false capture" and added charges of "reckless endangerment" to every one of the officers involved. Gray 's death "resulted in series of protest." On