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-   -   The 2nd Amendment is alive and well (http://archives1.twoplustwo.com/showthread.php?t=494245)

Copernicus 09-05-2007 10:16 PM

Re: The 2nd Amendment is alive and well
 
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Hundreds? I'd wager that the appeals process vacates the death penalty based on technicalities far more often than it does based on innocence.

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The fact that most appeals process rely on technicalities has nothing to do with the fact that it can save innocent lifes.

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I didnt say it did. You also cant say that letting criminals off on technicalities didnt cost far more innocent lives after their release than innocent men convicted. Virtually he only criminals who are given the death penalty are those who's crimes are so egregious and/or who represent an ongoing threat to society.

RebelRebel 09-06-2007 12:06 PM

Re: The 2nd Amendment is alive and well
 
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two biggest myths of the politics of crime -

1.) Banning guns reduces gun violence
2.) The death penalty deters crime

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Maybe not banning guns but not having a lot less guns around certainly reduces gun violence.

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Yes, having less guns around will reduce GUN violence. However, it will not reduce acts of violence. As a matter of fact, they will increase. One thing that cannot be argued is that CCW laws work. Its a statistical fact, whenever handguns become easy for law-abiding citizens to obtain and carry, street crimes drop.

Studies have been conducted in several prisons concerning convicts who're locked up for crimes consisting of burglary/robbery and those studies have shown proof positive that when a criminal is considering mugging you and raping your gf on a public street, his biggest fear is that you might be packing heat. When a burglar is considering kicking your door down, his greatest fear is that you may have a gun.

I prefer a world where criminals act in secret, because they are terrified of the public at large, to a world where law abiding citizens are afraid to walk down the street alone after the sun begins to set.

This isn't an argument about guns, this is about choice in personal defense products.

Misfire 09-06-2007 12:29 PM

Re: The 2nd Amendment is alive and well
 
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You can thank the appeals process for the loss of deterence.

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You can also thank it for saving hundreds of innocent people from Death Row, so I'd rather not lose it.

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QFT

Misfire 09-06-2007 12:31 PM

Re: The 2nd Amendment is alive and well
 
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I just thought of something. As far as I'm aware, the Supreme Court has never "incorporated" the 2nd Amendment though the 14th Amendment, which means that at this moment, the 2nd Amendment does not apply to states and municipalities.

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This has never made sense. The 1st Amendment is deemed to apply to states despite the fact that it specifically singles out Congress. The 2nd Amendment singles out nobody, declaring only that the right shall not be infringed (period.) If anything, the 2nd should apply to all levels and the 1st should not, not the other way around.

iron81 09-06-2007 12:58 PM

Re: The 2nd Amendment is alive and well
 
Wiki on the Incorporation Doctrine

The Supreme Court has incrementally incorporated most of the Constitution over the last hundred years. However, the view that carried the day is that amendments should only be incorporated if abridging the right would "shock the conscience" of the court. Since the Supreme Court hasn't decided a 2nd Amendment case in 70 years, it shouldn't be surprising the 2nd is a lower priority civil right.

DcifrThs 09-06-2007 01:10 PM

Re: The 2nd Amendment is alive and well
 
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two biggest myths of the politics of crime -

1.) Banning guns reduces gun violence
2.) The death penalty deters crime

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The Death Penalty would deter crime if it was enacted publicly within 24 hours of sentencing. You can thank the appeals process for the loss of deterence.

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You can also thank it for saving hundreds of innocent people from Death Row, so I'd rather not lose it.

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Hundreds? I'd wager that the appeals process vacates the death penalty based on technicalities far more often than it does based on innocence.

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so you'd rather kill X innocent men than not kill Y guilty men on technicalities (who still serve life sentances).

please fill in X and Y for me.

Barron

CORed 09-07-2007 03:23 PM

Re: The 2nd Amendment is alive and well
 
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two biggest myths of the politics of crime -

1.) Banning guns reduces gun violence
2.) The death penalty deters crime

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Maybe not banning guns but not having a lot less guns around certainly reduces gun violence.

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The problem is that banning guns doesn't necessarily result in having fewer guns around. For some reason, criminals often don't turn in their guns after they become illegal.

hmkpoker 09-08-2007 11:28 PM

Re: The 2nd Amendment is alive and well
 
Iron:

I'm still kind of surprised that your usually consistent advocacy of governmental paternalism breaks for the second amendment. If I might play devil's advocate, why do you support liberal gun laws, considering the many arguments on the left for their lack of usefulness, danger, and the apparent success of gun bans in other countries?

vhawk01 09-08-2007 11:51 PM

Re: The 2nd Amendment is alive and well
 
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Chicago Tribune

This is a little old, so I'm surprised there wasn't a thread on it. The DC Federal Appellate Court threw out a longstanding DC handgun ban on 2nd Amendment grounds. This was decribed as the most sweeping interpretation of the 2nd Amendment ever.

Since this ruling conflicts with other Circuit Court rulings, there is also an excellent chance the Supreme Court will hear the case and if they do, similar laws across the country are in jeopardy. Gun opponents urged DC not to appeal the ruling to avoid giving the Supreme Court a chance, but DC has elected to appeal and they are awaiting word from the Supreme Court on whether they'll hear the case.

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I can legally own my guns now when I move to DC?

Sweet!

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Plus you can be disenfranchised here, its pretty much paradise.

vhawk01 09-08-2007 11:52 PM

Re: The 2nd Amendment is alive and well
 
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two biggest myths of the politics of crime -

1.) Banning guns reduces gun violence
2.) The death penalty deters crime

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The Death Penalty would deter crime if it was enacted publicly within 24 hours of sentencing. You can thank the appeals process for the loss of deterence.

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Not sure why you think this. It is unfathomable to me to consider a person, on the verge of committing one of the very small number of crimes for which he would be eligible for the death penalty, thinking to himself "I got no problem spending the rest of my life in prison for this, seems like a go, but being executed? [censored] it, I think I'll just go see Superbad instead."


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