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View Full Version : The Second and Sixth, From Volokh's Site


anthonyca
03-15-2010, 3:36 PM
Very interesting case.

http://volokh.com/2010/03/12/the-second-and-sixth-amendments/#comments

"A puzzle for constitutional law buffs: I just read a recent case which explored the interaction between the Second Amendment and part of the Sixth Amendment. What is that interaction?

I realize, of course, that one can dream up all sorts of theories for how any two constitutional provisions might interact — but I’m looking for the one that the court actually discussed, and it also seems to me that this is indeed the most plausible such interaction, given the current interpretation of the two amendments."

Here is the case:
http://ia311514.us.archive.org/3/items/gov.uscourts.ndd.21145/gov.uscourts.ndd.21145.17.0.pdf

Aleksandr Mravinsky
03-15-2010, 5:53 PM
It seems to me that permanent deprivation of one tenth of the BoR should be considered far more restrictive than a fifteen-year restriction on the privilege of driving.

anthonyca
03-15-2010, 9:17 PM
It seems to me that permanent deprivation of one tenth of the BoR should be considered far more restrictive than a fifteen-year restriction on the privilege of driving.

I agree.

yellowfin
03-15-2010, 9:27 PM
This brings up an interesting situation with 2nd Amendment cases in places like NYC and urban CA. A jury in an anti gun jurisdiction almost cannot possibly be considered impartial in dealing with matters of technicality violations when they're immersed in an anti gun culture. The bias is inherently discriminatory against gun owners who would otherwise be completely within the law except for trivial matters that have the excessive punishments associated with them (which should be held unconstitutional under the 8th, for that matter), such that juries would have no possible inclination to afford a defendant a measure of empathy which would otherwise be afforded in cases involving other charges.

Simply put, a gun owner can't get anything resembling fair treatment in court if the public there thinks they're a criminal simply for having or even wanting a gun in the first place.

anthonyca
03-18-2010, 4:52 PM
This brings up an interesting situation with 2nd Amendment cases in places like NYC and urban CA. A jury in an anti gun jurisdiction almost cannot possibly be considered impartial in dealing with matters of technicality violations when they're immersed in an anti gun culture. The bias is inherently discriminatory against gun owners who would otherwise be completely within the law except for trivial matters that have the excessive punishments associated with them (which should be held unconstitutional under the 8th, for that matter), such that juries would have no possible inclination to afford a defendant a measure of empathy which would otherwise be afforded in cases involving other charges.

Simply put, a gun owner can't get anything resembling fair treatment in court if the public there thinks they're a criminal simply for having or even wanting a gun in the first place.

Thesus should have been given a change of venue, do to the possibility of an anti judge and jury.