Tran+Thu

1.
( 646 words) **BIOGRAPHIES** The Sixth Amendment right to counsel is a critical component of the Bill of Rights in that it provides the accused with a lawyer who is trained in the legal process and can provide a safeguard against violations of the suspect's other Bill of Rights protections. Interestingly, it was not until 1963 that the Supreme Court held that states must provide a lawyer for all felony suspects who may otherwise be unable to afford one. That is a landmark Supreme Court case. Miranda v. Arizona ruled that statements made by the accused under interrogation were only admissible as evidence when preceded with a right to consult an attorney. The 1966 decision followed the 1964 Escobedo v. Illinois ruling which limited law enforcement interrogation tactics, and established modern “Miranda Rights”. The defendant, Ernesto Miranda confessed to kidnapping during an interrogation, but appealed the conviction, claiming his did not have sufficient legal representation during the process. Elevated from the Arizona State Supreme Court, the 5-4 decision came from then Chief Justice Earl Warren who overturned the conviction on the basis of both the 6th Amendment right to representation as well as 5th Amendment rights stating “(the accused) must prior to interrogation, be clearly informed…(of his rights.)” This ruling formed the modern “right to remain silent” as well as the core Miranda Rights. Recent developments have challenged the Court’s ruling, including many exemptions to the rule in cases of public safety and unprompted confessions. In the 2000 case, Dickerson versus the United States, the Court ruled 7-2 (with Chief Justice Rehnquist delivering the opinion) that Miranda Warnings were Constitutional and “part of our national culture.” the 2004 Missouri versus Seibert case re-affirmed the ruling, establishing guidelines that required law enforcement to honor Miranda rights against coercion by law enforcement. The Due Process Clause is a legal principle that has its origins in the Natural Law philosophy which preceded American Independence. Stemming from the Founders’ desire to enshrine protections against tyranny into the Constitution, the due process clause can be traced to the Magna Carta, which stated “no free man shall by…imprisoned…except by the lawful judgment of his peers…” The principle of equality before the law has evolved since Alexander Hamilton argued vociferously for its inclusion at the Constitutional Convention, and remains a pillar of legal rights today. The landmark case involving self-representation is Faretta v. California which ruled that defendants have a Constitutional right to refuse external counsel. In the 1975 case, the Court sided with California citizen Anthony Faretta, who was convicted of grant theft after the State Court denied him prose representation and, instead, appointed a public defender to his case. The 6-3 ruling, written by Justice Potter Stewart, found that a defendant has a right to self representation, although application of this right subsequently denies any arguments against “ineffective assistance or counsel.” Recent developments have improved the resources available to defendants who wish to represent themselves, including an extensive set of provisions provided by the State Courts in California in the wake of the Faretta decision. The right has its limits, however, as determined by Court rulings, as individuals cannot represent business entities (even if they are the owner) or estates, both of which require licensed legal representation. A number of prominent prose defendants have won affirmative rulings at the Supreme Court level including Edward Lawson, who successfully argued that a lack of identification is not sufficient grounds for arrest. Another prominent case involved a suspended attorney, Thomas Van Orden, who challenged the state of Texas (and then Governor Perry) regarding the religious display at the Austin, Texas capital all the way to the Supreme Court, as a single defendant. A number of prominent studies have shown that pro se defendants, professional and otherwise, have performed reasonable well in the eyes of the court. Self representation is, and remains, a core part of American jurisprudence.

2. Invitation:
 **Supreme Court of Georgia** May 20, 2011

**Dear Mr. John Smith** : RE: LINDANSE v. JAMELY __No. 27-26347__ You were invited by the Court to brief and argue the above-entitled case, in support of the judgment below. It is, of course, very important to the administration of justice and the Court that members of the bar accept such invitation and i wish to express the Court's appreciation for the assistance to us. Cordially, **Mr. Philip Jack** 2863 Santa Santa St, Atlanta, Georgia, 43680

(82 words)

3. Letter
**Thu Tran** 711 Taberna Cir New Bern, NC 28562 December 2, 2011 Mr. Thomas Lee 352 Land Drive Memphis, SC 54846 Dear Mr. Thomas Lee, Hi Mr. Thomas, I am Thu Tran. Do you remember me? We had met in Civics Contest for high school students last month. That contest helped me a lot to understand about the laws in Bill of Right. I was really excited when I hear everything you said. In this December, my school will have the contest for students in school to talk about the Amendments and my topic is Sixth Amendment. I try to find the information, but I still don't have enough everything in need. I have some trouble in it. So can you help me to talk some more about Sixth Amendment. How we can use it? How does it effect our life? I remember you said you will open the class in next year, so I want to know when that class starts. Can you tell me, I want to join it. I think it will be really good for me. Finally, thank you for reading my letter. I hope you will answer me soon and I don't take too much your time. Sincerely, Thu Tran (207 words)

4. Magazine covers definitions:
**DEFINITIONS** //**The 6th Amendment**// to the **United States Constitution** is a part of the **American Bill of Rights,** which is the first ten amendments to the Constitution. The Bill of Rights became law on December 15, 1791. **The 6th Amendment** focuses completely on the rights of a person accused of committing a crime by the government. The 6th Amendment contains 7 specific protections for people accused of crimes. The 6th Amendment reads like this: **"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 defence."** The seven rights listed in the 6th Amendment include: The right to a speedy trial. The right to a public trial. The right to be judged by an impartial jury. The right to be notified of the nature and circumstances of the alleged crime. The right to confront witnesses who will testify against the accused. The right to find witnesses who will speak in favor of the accused. The right to have a lawyer. //**6th Amendment - The Speedy Trial Clause**// **The Speedy Trial Clause** guarantees that you must be tried quickly if you are charged with a crime. Why is this so important that the Founding Fathers would add it to the Bill of Rights? Well, if you weren't guaranteed a speedy trial, you could sit in jail for months or years without being tried! That was a frequent occurrence in English history. The Founding Fathers wanted to protect themselves and you from this in the new government they were creating. The 6th Amendment's Speedy Trial Clause reads like this: **"In all criminal prosecutions, the accused shall enjoy the right to a speedy... trial."** //**6th Amendment - The Public Trial Clause**// **The Public Trial Clause** guarantees that if you are ever charged with a crime, you must be tried in a public trial. Don't like the sound of that? It might be embarrassing! You wouldn't like the results though if trials were held in secret. The judge or other officials could file false charges against you, not allow you to defend yourself or throw you in prison with no evidence! That's what happened to many people in European and English history. People were tortured and even executed in secret trials. That's why the Founding Fathers were determined to protect people from being tried in secret. Aren't you glad they were? The Public Trial Clause reads like this: **"In all criminal prosecutions, the accused shall enjoy the right to a... public trial"** //**6th Amendment - The Right to Trial by Jury Clause**// **The Right to Trial by Jury Clause** protects you from persecution by corrupt judges, who might sentence you unfairly if trials were held in secret. The Founding Fathers were aware of the history in England and Europe of people being sentenced to lengthy prison terms, tortured or even killed in secret trials. If you were accused in this situation, you often had no chance to defend yourself and the charges were often trumped up to eliminate political and religious dissent. By requiring a jury to be involved in a trial, serious and sometimes fatal decisions are taken out of the hands of a few judges or officials, and are put into the hands of a group of average citizens who look over the evidence. This greatly reduces the possibility of corruption in the trial. The 6th Amendment Right to Trial by Jury Clause reads like this: **"In all criminal prosecutions, the accused shall enjoy the right to a... 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."** The right to trial by jury had already been established in English history for more than 500 years when the Founding Fathers built it into the Bill of Rights' 6th Amendment. //**6th Amendment - The Arraignment Clause**// **The Arraignment Clause** requires that if you are ever charged with a crime, you must be fully informed of the nature and cause of the accusation against you. The Arraignment Clause reads like this: **"In all criminal prosecutions, the accused shall enjoy the right... to be informed of the nature and cause of the accusation."** This was a very important right to the Founding Fathers, most of whose ancestors had fled to America to avoid religious persecution. In England, it was common for people who did not agree with the Church of England to be pulled into court and sentenced and never even know what the charges were. Without this protection, courts could throw people in prison unjustly, make up false charges or punish people with whom they disagreed. //**6th Amendment - The Confrontation Clause**// **The Confrontation Clause** guarantees one of the key elements in any trial, the right to confront the witnesses who are accusing you. This clause requires that your accusers must appear in your presence and make the accusations face to face. The clause also gives you the right to cross-examine them. The Confrontation Clause reads like this: **"In all criminal prosecutions, the accused shall enjoy the right... to be confronted with the witnesses against him."** If you were not allowed to cross-examine your accuser, the prosecution could make up all kinds of false accusations against you and the jury would never know whether or not he was telling the truth. By having the witnesses testify in person, the judge and jury are able to see the person up close. They can observe their behavior and demeanor, and can make a better judgment about the person's credibility. English history had many occurrences of people being tried in court and never seeing their accusers. Sir Walter Raleigh, an early American explorer, was even put to death based on such an accusation. The Founding Fathers believed this was inherently unfair and put a stop to it in America by adding the 6th Amendment to the Bill of Rights. //**6th Amendment - The Compulsory Process Clause**// **The 6th Amendment's Compulsory Process Clause** guarantees two primary things. First of all that you will be able to call witnesses in your behalf if you are ever charged with a crime. Second, that the court will subpoena the witnesses if they refuse to testify. The Compulsory Process Clause reads like this: **"In all criminal prosecutions, the accused shall enjoy the right... to have compulsory process for obtaining witnesses in his favor."** This right was very important to the Founding Fathers who wrote the United States Constitution. They were familiar with English and colonial laws that forbid people from calling witnesses in cases of treason or felony. It was also the English and colonial practice not to allow people to testify in their own behalf! In adopting the Compulsory Process Clause, the Founders were trying to protect people from the government using its great power and resources to convict and punish people unfairly. They saw the right to defend oneself with witnesses as a key to this protection. //**6th Amendment - The Right to Counsel Clause**// **The Right to Counsel Clause** guarantees that you can have a lawyer to assist you if you are charged with a crime. The modern courts have even determined that this clause gives you the right to have a court appointed attorney, paid for at the public's expense, if you cannot afford to hire your own. The Right to Counsel Clause reads like this: **"In all criminal prosecutions, the accused shall enjoy the right... to have the Assistance of Counsel for his defence."** The Founding Fathers did not originally intend for this clause to mean that the public must provide an attorney for defendants in criminal cases. Instead, they meant to guarantee the right to hire a private attorney if one was desired. (1352 words)

5. Speeches:
**How the 6****th** **Amendment affect my life?** Law is a system of the rules of conduct as a tool to adjust the social relations enacted by the state, expresses the ruling class and is performed by the measures of state enforcement. However, the law is also in nature because at certain levels, it must demonstrate and ensure the general requirements of the cultural and social welfare, environment. The sixth Amendment is the part of the United States. Bills of Rights and it is the one of laws represent the interests of people. The sixth Amendment contains five principles that affect the rights of a defendant in a criminal prosecution; 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 with the witnesses against him or her; to have compulsory process for obtaining witnesses in his or her favor, and to have the assistance of counsel for his or her defense. The first, in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial. The accused has the right to a quick trial. The accused also has the right to a public trial. The state cannot put them in a warehouse and question them about the crime. So that would be fair to anyone who is innocent. The second, the trial must be held by an impartial jury. The jurors cannot be prejudiced against the accused or the crime that they are been accused of, or it would be unfair. The trial must also be held in the area where the crime was committed, or else that could be unfair to be accused also. The third, the accused has the right to know what they are being changed with and why they are being held in jail. They can know the information of the natural and cause of the accusation to be confronted with the witnesses against him. The fourth, the accuses also has the right to know who is saying that they are committed the crimes, and the right to ask them questions to ensure that due-process rights are upheld and that witnesses' statements are taken in open court, as opposed to hearsay statements, the accuracy of which cannot be determined. A defendant also is allowed to call witnesses on his or her behalf. It will help to make sure the right things and will be fair for who is innocent. The last one, the accused have compulsory process for obtaining witnesses in his or her defense. The accused also has the right to attorney. And the Supreme Court has ruled that a defendant has a right to represent himself or herself. The sixth Amendment is the way to protect people. It will prevent a defendant from sitting in prison forever and insist that the prosecution proceed with undue delay. If you are accused of a crime, you have the right know who is accusing you an exactly what the charged are. It protects you from being imprisoned for an unreasonable length of time before your trial. It demonstrates the right people. (537 words)

6. Wanted poster:
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**7:**