122 CHAPTER 4|CIVIL LIBERTIES
THE RIGHT TO BEAR ARMS
E Explore why the Second Amendment’s meaning on gun rights is often debated. Pages 109–10
LAW, ORDER, AND THE RIGHTS OF CRIMINAL DEFENDANTS
E Describe the protections provided for people accused of a crime. Pages 1 1 0 – 1 6
SUMMARY
The Supreme Court has done little to defi ne exactly what
freedoms are established in the Second Amendment, large-
ly preferring to allow the national, state, and local govern-
ments the autonomy to make their own laws. The major-
ity of public sentiment appears in favor of continued gun
ownership, and limitations on Second Amendment rights
appear unlikely.
SUMMARY
The Fourth, Fifth, Sixth, and Eighth Amendments provide
protections to individuals accused of a crime, known as due
process rights. These rights protect us from unreasonable
searches and seizures, permit us to avoid testifying against
ourselves in court, give us the right to a lawyer and jury trial,
and protect us from suff ering cruel and unusual punish-
ment if convicted of a crime. Interpreting these general due
process rights in specifi c cases is diffi cult, however, because
specifi c standards of fairness and justice are very hard to
defi ne.
KEY TERMS
due process rights (p. 110)
exclusionary rule (p. 111)
Miranda rights (p. 114)
double jeopardy (p. 114)
CRITICAL THINKING AND DISCUSSION:
Do you support due process rights for defendants in crimi-
nal cases, even if it means that some potentially guilty peo-
PRACTICE QUIZ QUESTIONS- Until 2008, the Supreme Court had been
in defi ning Second Amendment laws, and its decisions
generally gun rights.
a) passive; limited
b) passive; supported
c) active; limited
d) active; supported
ple go free? If so, why? If not, are you concerned about con-
victing innocent people?PRACTICE QUIZ QUESTIONS- Protections from unreasonable searches and seizures
are guaranteed by which constitutional amendment?
a) Third Amendment
b) Fourth Amendment
c) Fifth Amendment
d) Seventh Amendment
e) Eighth Amendment - The Miranda rights are protections that fall under
which constitutional amendment?
a) Third Amendment
b) Fourth Amendment
c) Fifth Amendment
d) Seventh Amendment
e) Eighth Amendment - In 1972 the Supreme Court banned the death penalty
for what reason?
a) It deprived individuals of their rights to “life, lib-
erty or property.”