A MERICAN B AR A SSOCIATION ’ S 2016 L AW D AY T HEME ====================================================================== M IRANDA : M ORE T HAN W ORDS ====================================================================== S OUTH C AROLINA B AR S ENIOR L AWYERS D IVISION _____________________ S TATEWIDE L AW D AY E SSAY CONTEST 2016 A WARDS P ACKET Open to all 9th, 10th, 11th and 12th Grade Public School, Private School, and Homeschooled Students LAW DAY ESSAY CONTEST 2016 PACKET MIRANDA: More Than Words THE AMERICAN BAR ASSOCIATION’S LAW DAY 2016 THEME MIRANDA: More Than Words In 2016, the nation marks the 50th anniversary of perhaps the nation’s best-known U.S. Supreme Court case, Miranda v. Arizona. The Miranda Warning has become ingrained in law enforcement and has permeated popular consciousness thro10ugh countless recitations in films and television shows. Yet Miranda is only part of the story when it comes to the procedures for ensuring justice. The 2016 Law Day theme — Miranda: More Than Words — will explore the procedural protections afforded to all of us by the U.S. Constitution, how these rights are safeguarded by the courts, and why the preservation of these principles is essential to our liberty. WHAT IS LAW DAY? Established by President Dwight D. Eisenhower in 1958, Law Day celebrates the American heritage of liberty, justice and equality under the law. In 1961, Congress issued a joint resolution designating May 1 as the official date for celebrating Law Day. Every year, Law Day provides legal professionals and others with opportunities to help students and the public understand how the law protects our freedoms. 2016 LAW DAY ESSAY TOPIC INTRODUCTION You have the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney, if you cannot afford an attorney, one will be appointed for you. Those words are what is known as a Miranda Warning. Since 1966, with the United States Supreme Court's decision in Miranda v Arizona, these words are recited by law enforcement officers when a citizen is arrested or taken into custody for questioning. The Miranda requirement was actually developed from four different cases involving the government's questioning of citizens while in custody. In each of these cases, the citizens were questioned by government officials in a room in which he/she was removed and cut off from the outside world. In none of these cases was the citizen given a full and effective warning of his rights before being questioned by the government. In all of these cases the statements were used against the individual citizen to convict them of criminal activity. The Supreme Court ruled that the statements could not be used against them since they had not been advised of their constitutional rights prior to questioning. In addition to the procedural protection recognized by Miranda, the United States Constitution has a constellation of procedural rights which are meant to protect us from potential law enforcement abuse and assure all citizens are afforded fair and just treatment by the criminal justice system. In addition to Miranda, those rights include the Fourth and Sixth Amendment rights from unreasonable search and seizure, the right to confront witnesses, and the right to a speedy trial by our peers. The Eighth and Fourteenth Amendment's assure all citizens are entitled to due process and equal protection under the law. 2 LAW DAY ESSAY CONTEST 2016 PACKET MIRANDA: More Than Words 2016 LAW DAY ESSAY TOPIC Each student participant must write an essay of 1,000 words or less on this topic: How does the Miranda warnings and the other constitutionally recognized procedural rights protect and promote the American aspiration of "justice" for all citizens? __________________________________ The following discussion points have been provided as a suggested approach; however, they are not mandatory, and creativity is encouraged: Why is the right to remain silent and the right to an attorney important? How does requiring a Miranda warning contribute to the idea that all citizens are entitled to life, liberty and the pursuit of happiness? How is "equal protection" under the law served by the Miranda warning being given prior to questioning by the government? ESSAY DIRECTIONS Each essay writer is required to adhere to the following: 1) Submit a typewritten essay in a 12-point font and include all attached documents: The student’s name, home address, home phone number, and grade level Essay title. School name, address, phone number, and educator’s name (if applicable) Name of local newspaper(s) Documentation of all research on the enclosed Works Cited page or an attached sheet (if applicable). 2) Forward all to an English Language Arts (ELA) or Social Studies (SS) teacher to submit the given essays and application forms. 3) DO NOT PUT THE STUDENT’S NAME ON THE ESSAY ITSELF 3 LAW DAY ESSAY CONTEST 2016 PACKET MIRANDA: More Than Words SELECTION CRITERIA SENIOR LAWYERS DIVISION STATEWIDE LAW DAY ESSAY CONTEST The Senior Lawyers Division of the S.C. Bar is sponsoring a statewide Law Day Essay Contest. The Senior Lawyers Division Statewide Law Day Essay Contest is open to all 9th, 10th, 11th and 12th grade students. All students, whether in public school, private school or homeschooled are welcomed and encouraged to participate. If you are a student wishing to participate in the Statewide Law Day Essay Contest, ask your English and/or Social Studies teacher to determine if he/she wishes to help you, and possibly other students, to participate. If your school is not participating in the Law Day Essay Contest, you may contact Tara Caine at (803) 576-3766 with the S.C. Bar or Judge Mark Hayes at (864) 562-4144 for additional information or assistance. If you are a teacher, contact your local Bar Association President to determine if your county has established its own Law Day Essay Contest. You can determine your local Bar Association President by calling a lawyer in your community. If your local Bar Association is not participating, you may contact Tara Caine at (803) 576-3766 with the S.C. Bar or Judge Mark Hayes at (864) 562-4144 for additional information or assistance. If you are an attorney wishing to establish a Law Day Essay Contest in your community, please contact Tara Caine at (803) 576-3766 with the S.C. Bar or Judge Mark Hayes at (864) 562-4144 for additional information or assistance. STATEWIDE AWARDS The grading for the Statewide Contest will be made by Judge Hayes and other circuit court judges. The Senior Lawyers Division will then make the following awards to the essays with the highest scores: Statewide Best 9th Grade Essay Statewide Best 10th Grade Essay Statewide Best 11th Grade Essay Statewide Best 12th Grade Essay Statewide Best Overall Essay $500 $500 $500 $500 $1,000 All statewide winning essays must be submitted to Judge Mark Hayes by noon on Friday, June 3, 2016. All local winning essays along with the appropriate coversheets are to be submitted to: Judge Mark Hayes, 180 Magnolia Street, Spartanburg County Courthouse, Spartanburg, SC 29306 or faxed to (864) 562-4142. 4 LAW DAY ESSAY CONTEST 2016 PACKET MIRANDA: More Than Words ESSAYS FROM PARTICIPATING SCHOOLS Students from participating schools will submit essays to a school official (teacher, administrator, etc.) for pre-selection. School submissions should include: 1) Essays and corresponding entry forms, including any source citations and parental release forms (if applicable); 2) A list of all other students who prepared essays for this contest. (Judge Hayes would like to recognize the efforts of all participants.) ESSAYS FROM STUDENTS WHOSE SCHOOLS ARE NOT PARTICIPATING OR WHO ARE HOME-SCHOOLED Students whose schools are not participating or who are not affiliated with a school may send entries directly to Judge Hayes for consideration. 1) Essays and corresponding entry forms, including any source citations and parental release forms (if applicable); 2) A student who is affiliated with a non-participating school or class must provide the school’s name, address, telephone number, and indicate on the form that the school or class is not participating. 5 LAW DAY ESSAY CONTEST 2016 PACKET MIRANDA: More Than Words Essay Title:______________________________ Grade Level: _______ Entry #: _______ 2016 LAW DAY ESSAY CONTEST JUDGING CRITERIA ESSAY THEME: MIRANDA: More Than Words In applying the following criteria, the student's grade level should be taken into account. Assign a point value (1 – 10) to each of the following questions. One point indicates the lowest mark and 10, the highest. Structure/Content ______ Does the essay contain an introduction, a descriptive body and a conclusion? ______ Is the data correct and in a clear and logical and/or sequential order? ______ Does the essay exhibit good language skills: proper spelling, syntax and grammar? ______ Are the references to sources (Constitution, Bill of Rights, cases, etc.) correct? Creativity/Originality ______ Does the essay have some sense of originality and creativity? ______ Are the ideas good and well-developed? ______ Does the essay creatively develop the theme and does not deviate? ______ Does the essay contain the writer's personal views and comments? General Appearance ______ Is the format neat/typed or written legibly? ______ Is the cover sheet attached and correct? ______ Total Points (100 points maximum) 6 LAW DAY ESSAY CONTEST 2016 PACKET MIRANDA: More Than Words COVER SHEET 2016 Law Day Essay Contest DEADLINE: June 3, 2016 AT 12:00 NOON A copy of this sheet must accompany each essay submitted in the 2016 Law Day Essay Contest. All of the information on this sheet must be completed and must not appear on the essay. Entry Number: _______________ (will be assigned by Law Day Essay Contest Committee) Please PRINT all information in blue ink. Grade Category: Grade 9_____ Grade 10_____ Grade 11_____ Grade 12_____ ESSAY TITLE: __________________________________________________________ Student’s Name: _________________________________________________________ Student’s Address: _____________________________________________________________________ (Street/PO Box) City State Zip Student’s Phone Number (_______) _________________________ Parent(s) Name:__________________________________________________________ School: _______________________________________________________________ School Address: _____________________________________________________________________ (Street/PO Box) City State Zip Name of Teacher Submitting Essay: ____________________________________________ Teacher’s E-mail: ________________________________________________________ Name of Local Newspaper: __________________________________________________ Number of Words: ____________________ (not to exceed 1,000) Mail the completed cover sheet ATTACHED to your essay to: Judge Mark Hayes 180 Magnolia Street Spartanburg County Courthouse Spartanburg, SC 29306 Office: (864) 562-4144 Fax: (864)562-4142 7