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constitutional interpretation methods essay
guns freedom and rights
guns freedom and rights
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The meaning and extent of the Constitution Second Amendment has been a cause for controversy and debate for numerous years. Every special interest group and individual has their own opinion on the application of “the right to keep and bear arms” in a modern society. With such subjects there also arises discussion over associated legislation including the “Stand-Your-Ground” law and what locales should be considered “gun free zones”. Events happen on fairly regular basis that question one or two issues concerning gun laws and especially questioning the psychological or sociological minds of those behind them. However, on January 13, 2014 the culmination of all three issues as well as the perpetrator behind them all, simultaneously, came under attack in the city of Wesley Chapel, Florida.
While the name Curtis Reeves may not strike a chord in some individuals memories, the headlines he generated almost certainly will. On that day in January, in a Florida movie theater, Reeves took the life of another man. Court proceedings have barely begun and testimony, analysis, and examination yet available but facts printed surrounding the case and individuals involved continue to keep coming up to the present. In the event that persons are not familiarized with the case, the subsequent bullets are a brief outline of some key facts and information that have become pertinent to beginning to understand; those key facts are as follows:
• Assailant identified as Curtis Reeves, a 71-year old retired Tampa police captain and former Director of Security for Busch Gardens
• Victims are Chad Oulson (fatally wounded) and wife Nicole Oulson (injured)
• Incident occurred over the victim texting during previews for the movie Lone Survivor
• Website of the...
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... a “Stand-your-ground” defense at first also does not correlate this. It seems the most fitting assessment lies in analyzing the actions of Reeves from a different perspective in both events leading up to and immediately after the altercation. It is reasonable to believe that labeling Curtis Reeves did not cause him to commit this act but instead he committed the act to eliminate a cause of frustration and aggression that he previously controlled in other ways.
Works Cited
Almasy, S. e. (2014, January-March). CNN Justice - reports involving Florida Theater Shooting, Curtis Reeves trial. Retrieved from CNN: http://www.cnn.com
Grinnell, R. (n.d.). Frustration-Aggression Hypothesis. Retrieved from PsychCentral: http://www.psychcentral.com
Schmalleger, F. (2014). Criminology. In Criminology (p. 68). Upper Saddle River, New Jersey: Pearson Education, Inc.
In 1979 two black assailants forced a man and a women at gun point into the man’s car at a drive-in grocery store. As they were going down the highway the perpetrators robbed both victims, then forced the man out of the car. After a failed escape attempted by the woman, the two men drove her to a nearby
Criminology. The. New York: McGraw-Hill, 2012. Print. The. Shakur, Sanyika.
Seigal, L. J., & Worrall, J. L. (2012). Introduction to criminal justice (13th ed.). Belmont, CA: Wadsworth.
United States is a country that has problems with gun control, and this issue has many debates between whether or not people should be allowed to carry a gun on them. This free county not only for speech and religion, but also allows people to have the right to bear arms. The Second Amendment of the United States was written by our Founding Fathers,“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” (Government). The main purpose of the Second Amendment when our Founding Fathers wrote this amendment was to help the American citizens to defend themselves from the government at that time, and other countries from invading their properties. However, the Second Amendment could be the opposite of what our Founding Fathers wanted it to be in the twenty-first century, because many criminals are taking advantage of the right to carry guns, which in example results with the purpose of showing off with their friends, revenge for their gang’s members, or try to be like their favorite hero in the movie they had watched. On July 20, 2012, a massive shooting occurred inside of a movie theater in Aurora, Colorado. The tragedy happened during a midnight screening of the film The Dark Knight Rises which killed twelve people and injuring seventy others. In response, this alarmed our government to rethink about the current gun control law in America. In A Well Regulated Militia by Saul Cornell, the author informed to his audience the different views of gun ownership in early America, which part was the most important part of the debate, how did slavery affect the debate over militias in the South, the Continental army officer’s views, and the arguments be...
...ebrooks, Chris Richardson, Latonya Wilson, Aaron Wyche, Anthony Carter, Earl Terrell, Clifford Jones, Darren Glass, Charles Stephens, Aaron Jackson, Patrick Rogers, Lubie Geter, Terry Pue, Patrick Baltazar, Curtis Walker, Joseph Bell, Timothy Hill were all victims of this ruthless killing. Regardless of who was behind this killings, each one of them got their lives cut short due to someones cruelty. In conclusion, the Atlanta Missing and Murdered case, a major breakthrough to an investigation which had seen 29 African- American children and adults murdered in a series of killings came with the arrest of 23 year old Wayne B. Williams, who was convicted of the crimes and sentenced to life imprisonment. This was one of the darkest moments in the history of Atlanta, a period of darkness which will forever live in the minds of both the victims and the people of Georgia.
On April 24th 2009, Richard Moore was severely beaten by two Toronto police constables, Edward Ing and John Cruz. Moore’s injuries consisted of fractured ribs and his scalp was cut which he needed to get stitches for (Edwards). This encounter between poli...
Hickey, T. J. (2010). Taking Sides: Clashing Views in Crime and Criminology, 9th Edition. New York, NY: The McGraw-Hill Companies, Inc.
Aroung the time of John F. Kennedy’s assassination, the controversial and widely argued issue of gun control sparked and set fire across America. In the past decade however, it has become one of the hottest topics in the nation. Due to many recent shootings, including the well known Sandy Hook Elementary school, Columbine High School, Aurora movie theater, and Virginia Tech, together totaling 87 deaths, many people are beginning to push for nationwide gun control. An article published in the Chicago Tribune by Illinois State Senator Jacqueline Collins, entitled “Gun Control is Long Overdue” voiced the opinion that in order for America to remain the land of the free, we must take action in the form of stricter gun laws. On the contrary, Kathleen Parker, a member of the Washington Post Writers Group whose articles have appeared in the Weekly Standard, Time, Town & Country, Cosmopolitan, and Fortune Small Business, gives a different opinion on the subject. Her article in The Oregonian “Gun Control Conversation Keeps Repeating” urges Americans to look at the cultural factors that create ...
The United State of America, established by the Founding Father who lead the American Revolution, accomplished many hardship in order to construct what America is today. As history established America’s future, the suffering the United State encountered through history illustrate America’s ability to identify mistakes and make changes to prevent the predictable. The 2nd Amendment was written by the Founding Father who had their rights to bear arms revoked when they believe rising up to their government was appropriate. The Twentieth Century, American’s are divided on the 2nd Amendment rights, “The right to bear arms.” To understand why the Founding Father written this Amendment, investigating the histories and current measures may help the American people gain a better understanding of gun’s rights in today’s America.
This debate has produced two familiar interpretations of the Second Amendment. Advocates of stricter gun control laws have tended to stress that the amendment’s militia clause guarantees nothing to the individual and that it only protects the states’ rights to be able to maintain organized military units. These people argue that the Second Amendment was merely used to place the states’ organized military forces beyond the federal government’s power to be able to disarm them. This would guarantee that the states would always have sufficient force at their command to abolish federal restraints on their rights and to resist by arms if necessary. T...
Maguire, M., Morgan, R., and Reiner, R. (2012) The Oxford Handbook of Criminology. 5th ed. United Kingdom: Oxford University Press.
Professional champions of civil rights and civil liberties have been unwilling to defend the underlying principle of the right to arms. Even the conservative defense has been timid and often inept, tied less, one suspects, to abiding principle and more to the dynamics of contemporary Republican politics. Thus a right older than the Republic, one that the drafters of two constitutional amendments the Second and the Fourteenth intended to protect, and a right whose critical importance has been painfully revealed by twentieth-century history, is left undefended by the lawyers, writers, and scholars we routinely expect to defend other constitutional rights. Instead, the Second Amendment’s intellectual as well as political defense has been left in the unlikely hands of the National Rifle Association (NRA). And although the NRA deserves considerably better than the demonized reputation it has acquired, it should not be the sole or even principal voice in defense of a major constitutional provision.
Even though there was a complete lack of physical evidence against Steve Titus and the victim’s initial description of the perpetrator did not match him, he was convicted based on the eyewitness testimony given by the victim. Titus was cleared of his charges before sentencing due to the actual perpetrator being caught and positively identified (Loftus & Ketcham, 1991). This case is a prime example of how pressure from the police and relative judgement conceptualization can attribute to misidentifications.
Lilly, Robert J., Francis T. Cullen, and Richard A. Ball. 2011. Criminological Theory: Context And Consequences. 5th ed. California: SAGE.
Morgan, R., Maguire, M. And Reiner, R. (2012). The Oxford Handbook of Criminology. 5th ed. Oxford: Oxford University Press.