brief background facts pertaining to gun violence and healthcare costs in the U.S.
Scenario
In the United States, guns kill almost 30,000 people and cause 60,000 injuries each year and gun violence remains its leading cause of premature death.
In your readings, you learned of controversial policies and strategies to address gun violence in the U.S. For example, many cities have attempted a community approach of “gun buy-back” programs. Hartford, CT, reported that even though 464 firearms were collected over a four-year period, only a small percentage of firearms were collected compared to the number of firearms sold.
It has become evident that there needs to be a comprehensive public health approach to address this growing crisis. The issue of gun violence is even more exacerbated, and complex given the increase in acts of terrorism. Federal, state, and local governments are restricted from banning or unreasonably limiting the right of Americans to own guns by the Second Amendment to the U.S. Constitution. The courts, however, have long held that this right is not absolute but subject to reasonable time, place, and manner restrictions. The issue then becomes what are “reasonable” restrictions compatible with Constitutional protections and otherwise acceptable to the American public, federal and state legislatures, and, most importantly, the reviewing courts. This causes a tension in the protection of individual gun ownership rights and societal rights to ensure public health. We see this tension played out in our communities where there are both “zero tolerance” restrictions for firearms and weapons in public schools, in public buildings, and on airplanes while at the same time tolerance for gun possession at home and, in some jurisdictions, authorized open carry, including public university school campuses.
As noted in your readings, there appears to be a change in attitude towards increased gun control. For example, to reduce violence and save lives, New York City had adopted a “Stop, Question, and Frisk” policy that authorized police officers to stop and question a pedestrian and frisk for weapons and other contraband. However, on August 12, 2013, a U.S. District Court Judge ruled that the stop and frisk practice (not the law itself) was unconstitutional and directed NYC to adopt a written policy to reduce impermissible discriminatory police officer discretion. This illustrates the “checks and balances” of our legal system and the inherent difficulty of trying to impose restrictions on a fundamental Constitutional right. so, while Second Amendment ownership rights are subject to “reasonable” time, place, and manner restrictions, the issues become what is reasonable and who decides? This is your task for this assignment.
Assignment
You must draft and submit a position paper either defending or opposing the following position: “The current U.S. public health crisis, as evidenced by well-documented increase in deaths, injuries, and societal/individual costs resulting from gun violence, counterbalances an individual’s Second Amendment’s Constitutional gun ownership rights and justifies an increase in gun ownership, possession, and use restrictions (e.g., laws, regulations, policies).”
Defend position – Society, acting through the government, has sufficient ethical and legal authority and a compelling public health interest, right, and obligation to limit an individual’s gun rights under the Second Amendment.
Oppose position – Society, acting through the government, does not have sufficient ethical and legal authority or compelling public health interest, right, or obligation to limit an individual’s gun rights under the Second Amendment.
Assignment Instructions
Your paper must demonstrate and reflect critical thinking and analysis in your discussion. In other words, you must persuade me that your position is accurate, effective, and defensible. You must state your position and defend it strongly. Your focus is to address the issue from a public health perspective addressing the relevant factual data and identified ethical and legal frameworks to arrive at your recommendation(s) and conclusion(s). I am not looking for an in-depth legal analysis of the U.S. Constitution and/or the law surround “stop and frisk” policies, although you will have to discuss and cite some areas of the law, based upon your research, related to defending your position and recommendations.). I also strongly recommend that you check your resources carefully.
This is a position paper, so you are not required to use the decisional memorandum format. Structure your position paper using the following sections format:
Position Summary (“Society [does]/ [does not] have sufficient legal or ethical authority to limit an individual’s gun rights to respond to the current gun violence health care crisis.”),
Facts (applicable brief background facts pertaining to gun violence and healthcare costs in the U.S.).
Analysis (this is broken down into two separate analyses),
Ethical Issue(s) Analysis (identify, define, and apply the 8-step ethical decision-making process, the relevant Module 1 universal ethical values, and at least one ethical decision-making model (include listing and analyzing each of its framework steps to support/defend your policy position.
Legal Issue(s) Analysis (applicable Constitutional, statutory laws, reported cases, etc. that support or prohibit your policy position then conduct an objective assessment applying the laws, court decision, etc. to the facts (e.g., U.S. Constitution Second Amendment), federal statutes, case law decisions). Be sure to acknowledge opposing or limiting legal requirements.
Conclusion(s) List 1-3 of each in bullet or short sentence format. (The conclusions must be based on your above ethical and legal analyses. Do not introduce any facts or issues not previously introduced, described, and addressed prior in your paper).
Recommendation(s) List 1-3 of each in bullet or short sentence format. (Your recommendation(s) be based on your conclusion(s). Do not introduce any facts or issues not previously introduced, described, and addressed prior in your paper).
Title the document “Position Paper: Pro-Gun Regulation for Public Health Purposes “or “Position Paper: Anti-Gun Regulation for Public Health Purposes” and include the date and your name.
You must provide an objective, fact/issue-based, and supported assessment covering both the pros and cons of your chosen position. Accordingly, your personal, subjective opinion concerning the topic are neither relevant nor solicited for this assignment.
Additionally, your submission must:
Be a Word document submitted in the above memo format
State your name
Have a minimum of 400 but no more than 600 words
Have four credible references. Your textbook may be cited as one of your credible references
Include, describe, and apply at least one Ethical issue using specific ethical decision-making model(s) or framework(s) from Module 1 to support your argument
Include, describe, and apply at least one Legal Issue citing the U.S. Constitution, statutes, regulations, etc. addressed in the lesson to support your argument
Include, cite, describe, and apply at least one reported legal case or court decision to support your argument
Include, in the body of the document, your supporting authority/reference when stating facts, quoting sources, etc.
Include a list of references at the end of the document
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