[PDF] 2017 Fourth Circuit Essay Contest Constitution Day Program

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As long as we remain focused on promoting young citizens' instrument for ensuring the stability of our goǀernment and the liberty of the goǀerned. The United States Court of Appeals for the Fourth Circuit is pleased to haǀe contributed to this eīort through the 2017 Fourth Circuit Essay Contest. This year's this access͍" The contest was open to high school students currently in grades 9 through 12 in the Įǀe states within the circuit͗ Maryland, Virginia, West Virginia, North Carolina, and South Carolina. The top three submissions were selected by our panel of judges through a blind reǀiew process. Scholar and Professor of Law, Uniǀersity of Richmond School of Law; John J. Korzen, Director of the Appellate Adǀocacy Clinic, Wake Forest Uniǀersity School of Law; Hannah Rogers Metcalfe, for the Fourth Circuit; Toni M. Poling, English Teacher, Fairmont Senior High School, and 2017 West Virginia Teacher of the Year; Sandra Gioia Treadway, Librarian of Virginia and State Archiǀist of Virginia; and Jody Zepp, Goǀernment Teacher, Long Reach High School, Howard County, and 2015 Maryland Teacher of the Year. court staī, and students from throughout the Fourth Circuit school essay contest a success.

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1

Rebecca Thompson is an incoming senior at

Cecil D. Hylton Senior High School in Woodbridge,

Virginia. Her faǀorite school subjects are

English and history. Rebecca plans to Įnish

her last year of high school with academic edžcellence and attend a prestigious uniǀersity nedžt fall. There, she plans to pursue a major that focuses on human rights, sociology, and psychology. Rebecca always had and will always haǀe a passion for learning and teaching others, she principles that has been established as a cornerstone of the nation's foundation. The Preamble effectiǀely conǀeys the nation's not always readily aǀailable or easy to attain. Howeǀer, the nation's amendments of the Constitution has made it easier for the nation's poor to easily haǀe access to justice. Despite our nation's ‹"•-

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2 indiǀidual's race, gender, or, in this speciĮc case, economic status,

In regards to the Bill of Rights, the 6

th Amendment establishes a

Similarly, the 8

the Bill of Rights, the 14 prohibits the denial of due process or, as the name suggests, citizens cannot be denied due process due to economic bias. These prohibits them from accessing fair legal aid. According to Carrie ciǀil issues. This is because in the United States, it is not mandatory 3 they would haǀe more success in their cases and they would be been destroyed simply because they lack the funds to pay for poor was the court decision in the Gideon ǀ. Wainwright case of 6 charges" had a right to legal representation if they could not afford one (͞Legacy"). Since then, there haǀe been numerous court cases that haǀe ruled in faǀor of the Constitution's commitment to justice case ruled that bail payments in edžchange for pretrial release th Amendment and unfair towards poor the county's underfunded public defense system could giǀe rise to proǀided with legal representation during their criminal proceedings. This year, one case, Walker ǀ. City of Calhoun, Georgia, inǀolǀed a could not aīord to pay the Ψ160 cash bond for his release. The th Amendment in the court's decision (͞Court"). These court decisions are hopeful indicators of 4 criminal and ciǀil legal aid to those who cannot aīord it. The Constitution and Bill of Rights uphold eǀeryone's right to access to justice by making amendments inclusiǀe for all citizens. report.pdf. 5

Daǀid Okon Edimo just completed his senior

year at Richard Montgomery High School in Yale Uniǀersity this fall. His faǀorite school subjects are art history, economics, social anthropology, and English. Daǀid intends to study Ethics, Politics Θ Economics or a related subject at Yale. AŌerward, he wants to work

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When a scared fourteen year old girl walked into our oĸce clutching her phone and in need of help, I saw the face of Captain John Preston. Preston liǀed three hundred years earlier, but they both faced similar dilemmas. Confronted by an intimidating criminal Captain Preston, charged with murder at the Boston Massacre, turned to John Adams. This girl, facing a drug charge, turned to us at the public defender's oĸce where I interned. For me, their 1, but the girl in our oĸce depended on her right to court-appointed

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6 is more work to be done to fully realize its promise. found in the Bill of Rights, we see protections weaǀed in throughout the entire document. Article I, Section 3 (the impeachment clause) prominent Įrst instances. Ironically, the impeachment clause protects perhaps the most powerful people in the world͗ the President of the United States and other ciǀil oĸcers. Though they may be impeached by a majority ǀote in the House of oĸce by a two-thirds ǀote of the Senate3. Furthermore, the

4. This is

charged enǀironment. This ǀindicates our core belief that no indiǀidual should face punishment unless a certain burden is met. than one for ͞high crimes and misdemeanors"

5, becomes less

they are epitomic of access to justice because eǀen unsympathetic Crimes...shall be held in the State where the said Crimes shall

6. Like the ordeal with Captain Preston, this

forum shopping and ensures that the community of a speciĮc Specifically, the Fifth, Sidžth, Seǀenth, and Fourteenth amendments 7 themselǀes against the power of the state. The Fifth Amendment's one of the purest manifestations of democracy in our constitutional a number of reasons, this clause hasn't been incorporated ǀia the Fourteenth Amendment to apply to state trials as well

8. While this

might be more eĸcient for a prosecutor, it leaǀes a gaping hole in our system of checks. The Sidžth Amendment protects the rights to witnesses, and access to counsel. This is arguably the most impartial jury ensures that there's a legitimate chance at conǀincing them of your non-guilt, and the access to counsel and ability to confront witnesses ensures that one can truly present the best to be able to successfully naǀigate the compledž labyrinth of criminal procedure. That's why the girl charged with a drug oīense had to ensure that her rights were defended and so that professionals could edžamine the eǀidence and witnesses and force the state to meet its burden of proof. The Seǀenth Amendment protects the right to a jury in ciǀil trials, which can be just as injurious to personal liberty as criminal trials. The Fourteenth Amendment is the major key to these because of a series of Supreme Court decisions, many rights haǀe been ͞incorporated" to also apply at the state leǀel

9. Without this

mechanism, hundreds of thousands of defendants would go without crucial rights. 8 opportunity to present a robust argument for themselǀes. It has system up close through the eyes of a public defender, and as a me or someone like Captain Preston, it's important that the edžercised judiciously. With chronically underfunded public defenders oĸces, gargantuan court backlogs, and other issues, it's not yet reality. But it can be, it must be, and we will make it so. retain counsel.

4 Ibid.

Colonial Williamsburg Journal Spring (2008)͗ n. pag. Web. 16 June 2017. Insights on Law Θ Society 17.2 (2017)͗ n. pag. Web. 9

John Ford is an incoming junior at Marǀin

Ridge High School in Wadžhaw, North Carolina.

His faǀorite school subjects are English and

history. John intends to attend college and policy studies. After obtaining his undergraduate degree, he plans on obtaining a dual Juris

Doctorate degree and Masters degree in

finance. John's interests, actiǀities and passions reading. of the Supreme Court buildingʡ it is perhaps the most inspiring substance and aǀailability, without regard to economic status."

΀1΁

When the Founding Fathers gathered to compose the wield tremendous power oǀer the indiǀidual, including the power to take from people their liberty and in some instances, eǀen their life. As the Preamble edžplains, the goals of the Constitution, amongst

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10 and secure the Blessings of Liberty to ourselǀes and our

Posterity..."

΀2΁ These goals helped to deĮne the American legal treated colonists unfairly when compared to the citizens of England. With these past edžperiences in mind the Founding Fathers were determined to make the United States' goǀernment as fair and they built a liǀing document that emphasized separation of power, principles were meant to ensure that the laws of the United States opportunity to protect themselǀes and their interests through our legal system, regardless of their economic status, race, or religion. The emphasis on due process contained in those documents ensures those that Americans will be protected and giǀen access Fathers established the federal judicial system for the United gaǀe Congress the power to set up additional lower courts. Through This system proǀides the people with the opportunity to seek forum to obtain a remedy when they haǀe been wronged. ment would begin to morph into a more controlling style of goǀernment, the majority of the states demanded that a Bill of 11 guilt beyond a reasonable doubt upon the goǀernment. In the contedžt of the judicial system, the First, Fourth, FiŌh, Sidžth, and Eighth Amendments all stand out. The First Amendment, which protects an indiǀidual or group's right to edžpression, allows for the The people's ability to respond promotes popular soǀereignty and guarantees access to justice by holding the goǀernment accountable. The Fourth Amendment, which forces police oĸcers to obtain a search warrant or haǀe probable cause before they are able to such as Mapp ǀ. Ohio, which said eǀidence obtained illegally under the Fourth Amendment could not be used in court

΀3΁, and Terry ǀ.

legal ΀4΁, haǀe further deĮned what is allowed or prohibited under the Fourth Amendment. The FiŌh Amendment, which made it necessary for a grand jury to determine if a case has enough your property can be taken away. The Sidžth Amendment guarantees Gideon ǀ. Wainwright edžpanded upon the right to counsel in criminal proceedings. The Eighth Amendment ensures no edžcessiǀe bail or cruel and unusual punishment. These Amendments, that

΀5΁.

In conclusion, the Founding Fathers brilliantly created a goǀernmental system that was founded on oǀersight, accountability More specifically, the Founding Fathers built a judicial system that, of their economic status, race, religion, country of origin, or other 12 of what makes our country great. It is one of the many reasons why I am proud to be an American.

June 2017.

16 Jun. 2017.

5. ͞Summarized Bill of Rights with Comments on the Meaning of the

June 2017.

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