Jaime Caetano v. Massachusetts 577 U.S. ____ (2016) Facts: Jaime Caetano, resident of Massachusetts, had acquired a stun gun for her own safety. She had recently been in an abusive relationship and restraining orders did nothing to stop him, once they were separated. Police officers found her stun gun. She was then arrested, put on trial and convicted for owning a stun gun, since they are illegal to own in Massachusetts, Mass. Gen. Laws, ch. 140, §131J. But Caetano felt that her arrest violated her 2nd amendment rights. Procedural History: Caetano filed the case with the Supreme Judicial Court of Massachusetts, after, what she felt to be, her wrongful conviction. Mass. Gen. Laws, ch. 140, §131J, makes owning any electrical weapons illegal. …show more content…
Holding: Yes. Stun guns have proven to be a safer method than guns. They have stopped crimes without having to stop a life. …show more content…
Heller, 554 U.S. 570 (2008) McDonald v. Chicago, 561 U.S. 742 (2010) Decision: I am unsure on which court this is referring to, so, for the Trial court, Caetano was found guilty for possessing an illegal weapon, a stun gun. Which she appealed to the Supreme Justice Court of Massachusetts, which was denied because the weapon was not yet invented when the 2nd amendment was put in place. Commonwealth v. Caetano was introduced into the U.S. Supreme court. They then decided that it was in violation of Caetano’s 2nd amendment rights and that the state of Massachusetts should reconsider its laws. Comments: I find it strange that, although other cases show how a stun gun could be beneficial and in most cases the best weapon for defense, it would still be illegal. This is an example to show that all of our laws should be reevaluated. A law that worked for use 50 years ago does not mean they are effective today. Just like the controversy on Medical Marijuana, it has been shown time and time again, to be highly effective, for many reasons for all people, yet the jails are still full of people there for marijuana offenses. This law is no different, she had been carrying this stun gun for who knows how long and just because someone “thought” she might have been an accomplice to
Taser International, Inc. v. Ward, Court of Appeals of Arizona, Division 1, May 13, 2010
I choose the Supreme Court case United States v. Causby because initially it reminded me of the movie Burlesque. In the movie, a man named Marcus did not want the view of his penthouse to be ruined by a skyscraper being built right next to the window. So, instead of buying the land property, he bought the air rights. Owning these air rights means that he owned the air above the surface level. This is similar to this Supreme Court case because Lee Causby was suing for the disturbance being caused planes that was happening above his property, and common law doctrine said that ownership of land extends to the periphery of the universe. Lee Causby “owned a dwelling and a chicken farm near a municipal airport. The safe path of glide to one of the
The defense has just discovered a witness whose statement is favourable to their case 45 days prior to the scheduled beginning of the trial. While it is required by law in the State of California to declare any reasonably anticipated witnesses and turn over statements they have made, there would be no technical basis for objection if the defense were to withhold this information and call the witness unexpectedly on the day of the trial. Because it can be argued that the defense decided the day of to call the witness, there will be no official complaint. However, there are important moral ramifications in this situation, as well as creating doubt as to the defense’s credibility.
This proves that taser is an effective non-lethal weapon that can be used to subdue the criminals. Here are some possible advantages of taser guns, first, taser is a non-lethal weapon. As we may have already know, tasers are meant to take down the suspects without injuring or killing them. Also, it is safer to use in a situations where there are many bystanders in the scene, since tasers do not harm people around the intended suspects. This also leads to the second point of avoiding the usage of lethal weapons. So far, 1689 people have been killed by the police in a crime related actions (May, T. 2014). By promoting the usage of tasers, police officers around the world can lower the number of suspects being killed in the scene. Using the lethal weapon also dangers the suspects, police, and the bystanders, because firearms are a lethal weapon that can take away lives easily. Tasers also requires minimal training to use the functions, which also makes the officers and other security related people to easily use tasers in action. On the other hand, typical fire arms requires more training time to properly use them in order to avoid any accidents with it. Fourthly, by using taser, the injury rates dropped significantly. Taser have been used within law enforcement agencies from 1998, and from that time, according to the Taser International, taser helped lower injuries among officers and
“ The taser is a conducted-energy device which fires a cartridge with two wires and attached hooks and shoot an electric charge into the suspect (White2007).” A taser is used by trained law enforcement officers to subdue or contain an individual who isn’t cooperating or resisting. Many people think tasers are unlawful or unconstitutional and some think we need tasers in law enforcement. I will analyze/argue the advantages and disadvantages of using tasers in law enforcement.
In this case, Dick Heller, a police officer, authorized to carry a handgun while on duty wanted a handgun to own and keep at his home. The District of Columbia refused so Dick Heller filed a lawsuit in the Federal District Court in the District of Columbia, which eventually also went to the Supreme Court. In June 2008, the Supreme Court, in a 5-4 decision, determined the provisions of the Firearms Control Regulation Act of 1975 as unconstitutional. They stated that “handguns or arms for the purpose of self-defense do not have to be trigger locked”.
Columbia v. Heller was the case and it has ruled that the second amendment grants the right for all citizens to own a firearm for their own personal use. The district of Columbia bans the possession of handguns , no one may carry a handgun without a license unless the chief of police gives the ok. Residents are required to keep anytype of arms “unloaded and dissembled”. Heller is a police officer authorized to carry a handgun when he's on duty, and he had applied for a registration for a handgun so he can keep it at his home. Soon later the district denied his registration, The registration of handguns, and the requirements for it violated the second Amendment. Heller argued the right to bear arms is fundamental , when the courts review gun-control laws they should apply a strict standard and only allow these laws to stand when the government can show that it has a very important interest that is advance by the law. The court ruled the second amendment to the U.S constitution grants people to keep and bear arms, this applies to state local and federal
Here is where you would deem less-than-lethal weapons dangerous, the public. The public, and those in the public who do not understand the job of a patrolman would deem them dangerous. Every officer that carries the OC spray, and the taser must be exposed to it. Reason being is that if the officer ever goes to court, he or she can testify in regards to that
The effect of a stun gun comes from the power of the batteries (either regular or rechargeable). The better or more charged the batteries are, the more juice the device will have to do its job
Before being brought to trial, one’s first interactions with the legal system will almost always begin with the police. Before the case of Miranda v. Arizona, police were not required to make anyone aware of their right to stay silent and to have legal representation. This allowed for them to easily acquire confessions from individuals who were either unaware of their rights or were overwhelmed by the altercation and accidentally incriminated themselves. In 1966,
The Second Amendment, written in 1791, firearm control is a transcendent divisive matter in cutting edge American society.From one perspective, gunfire attests an unfaltering, each day toll of American lives, from suicide and accidents impressively more than from unpleasant wrongdoing.Consistently, a mass executioner, as often as possible furnished with one or more self-loader military-sort snare weapons, chops down twelve or so setbacks. On the other hand, weapon proprietorship is an inside worth to a colossal number of Americans, and perhaps a lion 's offer of each and every American family unit have no short of what one gun. Most need a weapon as security against the very violence of our streets. To some of these gun proprietors, furthermore, their privilege to their weapons is treasured in the Bill of Rights.
stun. Yeah, I know, we have an array of less lethal options for those cases where they are a
Did you know that in Michigan, a stun gun is considered a lethal weapon, just like any other firearm? Before you go out and purchase yourself a stun gun in Michigan, make sure you understand all of the laws, rules and regulations surrounding stun gun usage so you don't get in trouble while trying to stay safe.
I work for TASER International, TASER is a multi-market facing brand that caters to law enforcement, military, correctional, professional security, and personal protection markets. In its first decade of life TASER international introduced Conductive Electronic weapons (CEW) which includes: TASER X26, TASER C2, TASER XREP, TASER X3 and most recently TASER X2 and TASER X26P. TASER then expand its mission from “protect life” to “protect life and protect truth” by introducing TASER Cam, TASER Cam HD, AXON Flex and Body Cam. Law enforcement, federal/military, corrections and security agencies represent TASER primary target markets. Although the main market is law enforcement, TASER also makes CEW’s for civilians and Striklight, a stun gun/flashlight. TASER is well versed in international expansion and now has products used by nearly 17,000 law enforcement agencies in over 100 countries, including England, Whales, Israel, Brazil and Canada. TASER’s mission statement is: Protect Life, Protect Truth
In her appeal, her lawyer, Benjamin Keehn argued that a “stun gun” fell into the category of “arms” under the second amendment provision. He also argued that self defense outside of one’s home is a core part of the second amendment’s right to bare arms. Surprisingly Massachusetts is one of five states that ban the use of Tasers and stun guns for private citizens, this point was argued against Caetano by Eugene Volokh who is a constitutional law professor at UCLA. In a legal brief, prosecutors argued the Second Amendment does not establish a constitutional right to be in possession of a stun gun and that two essential U.S. Supreme Court decisions which allows the right to own a firearm for self-defense inside homes did not automatically grant that right outside of a person’s