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Law Day 2011


Congratulations to the Law Day Essay winners:

Jordan Cannet, First Place
Addison McTague, Second Place
Gabriel Frisch, Third Place

(Pictures and essays below)




Addison McTague, Gabriel Frisch, Jordan Cannet

FIRST PLACE
Jordan Cannet (12th Grader @ Oak Harbor High School)

Over the many years in America, the accused have always been stigmatized. Many people shame the accused and merely don’t look at the true facts.  It wasn’t until the Bill of Rights and The Constitution were created that the accused had no support.  The accused were shamed, but John Adams and Warren E. Magee made a statement to make change. Both John Adams and Warren E. Magee shared similar beliefs about unpopular defendants, but Adams had a different way of looking at things. Adams wanted to defend the innocent, while Magee wanted to defend the guilty.

Under the sixth amendment, the accused have the right to a legal counsel and a fair trial.  That started in 1791 of December. Lawyers like Magee and Adams represent the accused because they look at the accused as people who have no rights. Attorney Magee represented the unsavory defendants due to the fact that the accused were people like Nazi war criminals and corrupt politicians (Lewis 1). He wanted to prove the sixth amendment applied to all people, not just Americans. Even though he was not always successful in the proceedings, he made attempts to defend the criminally accused.

The Boston Massacre is one of the most widely known trials of America’s history. It was an event leading to the Revolutionary War. A significant lawyer, John Adams, states the Boston Massacre was, “one of the most gallant, generous, manly, and disinterested actions of my whole life, and one of the best pieces of service I ever rendered my country. Judgment of Death against those Soldiers would have been as foul a Stain upon this Country as the Executions of the Quakers or Witches, anciently. As the Evidence was, the Verdict of the Jury was exactly right” (Linder). He wanted to defend the British soldiers because of all the high emotions from people blaming the soldiers that had fired into a crowd killing five people. He believed that everyone deserved a defense, despite risking his legal practice. After defending the British soldiers, he enhanced his reputation because he made known that those soldiers were actually innocent (Linder).

I agree to this system of justice because some people are innocent, but they are sentenced as guilty because there wasn’t enough evidence. For instance, The Boston Massacre, those British soldiers fired into the crowd because they were getting harassed. People were throwing rocks, sticks and whatever they can find. The soldiers were defending themselves and had to do something to end the harassment.

SECOND PLACE
Addison McTague (9th Grader @ Woodmore High School)

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” (Bill of Rights, VI Amendment, 1791).  John Adams followed the set rights of a country he founded before they were passed. He believed in defending anyone. That included the hated, the despised, the lowest of society, anyone. John Adams ensured the protection of those innocent, as proven through the trials resulting from the Boston Massacre. Already a pronounced leader in American colonial resistance to British authority, Adams took the role of representing the accused British solders, regardless their disgrace amongst society. Adams did more than engage as their lawyer. He won the trial, with only two of the eight found guilty. Adams, through this case, expresses his rightful opinion that all of those who are accused have the right to be defended. His thought, ideals, and all cases that follow this authoritative example, proves the strength and fundamental principle of law.

Although each is unique in circumstance, there have been other debatable cases in our country’s history. The cases diversity stretch from the Boston Massacre trial to the 1846 “insanity” defense of William Freeman by William Seward. Later, Lincoln’s Secretary of State, to Sigmund Ziesler’s and William Perkins Black’s 1886 representation of the Haymarket 8 accused of killing a Chicago police officer. Another few would be Samuel Leibowitz’s 1930s defense of nine black Alabama teenagers, the Scottsboro Boys, said to have committed the crime of rape to the representation by Michael Tigar and Brian Hermanson of Terry Nichols in the 1995 Oklahoma City bombing case. Even more argumentative cases would be the current battle by lawyers to symbolize Guantanamo detainees in the global war on terrorism.

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger…” (Bill of Rights, V Amendment, 1791). Through the understanding of the Bill of Rights, I agree with this system of justice. Every man should be held innocent until proven guilty through a court of law. A criminal should be recognized with ease once evidence surfaces that is in relation to the case. It is easy to see that the shifts in the past occurrences can bring historical and legal insights to the attention of the new generation.

THIRD PLACE
Gabriel Frisch (12th Grader @ Oak Harbor High School)

Who is to say what is right and what is wrong? All through history there have been trials and cases for everything imaginable. There are always two sides to a story. One side has their lawyer to defend them, and likewise for the opposition. One side is always the unpopular. Just because something is unpopular does not make it justified or right. John Adams realized the accused deserve to be defended, and are often justified in their actions.

In Boston Massachusetts, March 5, 1770 a foreign soldier stands following the orders he has received. His orders are to be keeping peace and enforce Rule of Law. A young man stands in a crowd of civilians close by. This young man does not appreciate the solider being there. He feels the solider is invading his space and does not have the right to enforce his laws into their society. The young man decides to then torment the solider. After so much the solider retaliates, but is met by rocks the young man and his friends are throwing. A second solider comes to aid. This causes more civilians to crowd. With more civilians coming, more soldiers file in. Then a solider is attacked and struck down. Shots ring out. Five civilians lie dead. Who is at fault? (Critical Thinking)

John Adams defended these soldiers in court. Though they were not popular, he stuck to them. He saw they were acting in self defense against the crowd and deserved a right to be defended like any other person. This case of John Adams relates to a more recent series of cases for Warren Magee in 1949.

Magee, like Adams, represented unpopular defendants in various cases. Even though he defended Nazi war criminals and corrupt politicians, he still believed every person deserved to have a fair trial. He did not always succeed, but did all in his power to assure a fair case for his represented. Magee fought to keep these men from being executed, succeeding until 1951 when the last 7 prisoners were hanged. (Paul Lewis)

Adams and Magee are closely related in their need to protect their fellow man in a fair trial. They both defended the unpopular. Theses two men are very inspirational in the sense of equality. They both show me how important it is to give equality to all, no matter what they are being accused for. Every person deserves to have a fair trial to insure no one person is favored in court. It is even more thought provoking to see an unpopular case come out on top. It shows that contrary to the popular views, the public can be askew just as easily as the accused. Just because something is popular does not mean it is right or justified. John Adams is a great political symbol in my eyes because he supported anybody for the fact that they all deserve equality.




"Children should be educated and instructed in the principles of freedom."
President John Adams 




Law Day was established by President Dwight D. Eisenhower in 1958. It celebrates and strengthens the American heritage of liberty, justice and equality under the law.  It provides an opportunity to help students and the public understand how the law protects our freedoms through programs and activities conducted by schools, bar associations, courts and civic groups.

More information, can be found at www.lawday.org


The Legacy of John Adams: From Boston to Guatanamo

Before John Adams became our second President of the United States, he was an accomplished jurist.  Adams willingly agreed to represent those British soldiers who were accused of murdering innocent bystanders in what came to be known as the Boston Massacre.  These soldiers were already tried and convicted by masses of the public before the trial even began.  Even though it was a very unpopular decision, Adams did not hesitate when asked to represent these men.  Adams went on to successfully defend these men's actions. Everyday brave men and women in the legal profession choose to defend the accused, even when those accused are charged with distasteful crimes or represent unpopular or controversial ideas, for the simple fact that everyone has a right to a fair defense.  John Adams’ actions should renew our understanding of and appreciation for the fundamental principle of the rule of law. His noble example is being followed today by the attorneys representing the detainees at Guatanamo in the global war on terrorism.


 


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