LAW DAY ESSAY CONTEST
2011 PACKET
THE LEGACY OF JOHN ADAMS, FROM BOSTON TO GUANTANAMO
THE AMERICAN BAR ASSOCIATION’S
LAW DAY 2011 THEME
THE LEGACY OF JOHN ADAMS, FROM BOSTON TO GUANTANAMO
Resistance leader and patriot, advocate and diplomat, constitutional theorist
and political activist, John Adams became our nation's first lawyer-president in
1797. Just five years before the American Revolutionary War began, he
represented the British officer and soldiers charged with firing into a crowd of
protestors and killing five civilians in the "Boston Massacre."
Already a prominent leader in the American colonial resistance to British
parliamentary authority, Adams agreed to take on the cases and ably
defended the accused at trial. His role in the 1770 Boston Massacre trials has
come to be seen as a lawyerly exemplar of adherence to the rule of law and
defense of the rights of the accused, even in cases when advocates may
represent unpopular clients and become involved in matters that generate
public controversy.
Although each is unique in circumstance and significance, there have been
other such noteworthy cases in American history. These cases range from
Adams and 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 (marking its 125th anniversary in 2011) to Samuel
Leibowitz's 1930s defense of nine black Alabama teenagers, the Scottsboro
Boys, accused of rape to the representation by Michael Tigar and Brian
Hermanson of Terry Nichols in the 1995 Oklahoma City bombing case to
contemporary efforts by lawyers to represent Guantanamo detainees in the
global war on terrorism. It is important to recognize that the passage of time can
bring historical and legal perspective to passions of the day.
The 2011 Law Day theme provides us with an opportunity to assess and
celebrate the legacy of John Adams, explore the historical and contemporary
role of lawyers in defending the rights of the accused, and renew our
understanding of and appreciation for the fundamental principle of the rule of
law.
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. Every year, Law
Day provides legal professionals and others with opportunities to help students
and the public understand how the law protects our freedoms.
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LAW DAY ESSAY CONTEST
2011 PACKET
THE LEGACY OF JOHN ADAMS, FROM BOSTON TO GUANTANAMO
2011 LAW DAY ESSAY TOPIC INTRODUCTION
In 1776, the Founding Fathers defiantly proclaimed that “all men are created
equal, that they are endowed by their Creator with certain unalienable rights,
that among these are life, liberty and the pursuit of happiness.” Today we may
casually overlook the significance of this affirmation; however, in 1776, the idea
of natural rights was largely a novel idea and considered a threat to the crown
itself, an offense punishable by death. A bloody and bitter conflict ensued and
a loose confederation of states and militia men overcame insurmountable odds,
and defeated the greatest military power on earth. As our young republic won
its independence from the tyranny of the crown, it sought to throw off all
shackles of despotism. Seeking to define ourselves as a Country, many of the
Founding Fathers had a bitter distaste for any authoritarian rule whether it be by
the one, the few or the many.
By 1789, the threat to liberty did not stem from a foreign power but rather our
fledgling domestic government itself. The goal was to create a form of
government which was strong enough to band fourteen vastly different states
and yet weak enough to avoid the threat of tyranny. In order to limit the
government’s power and protect the “inalienable rights” patriots had fought
and died for, the architects of our country took up their pens and crafted the
first ten amendments to the United States Constitution. These amendments are
known collectively as the Bill of Rights.
The Bill of Rights contains a number of provisions that are designed to either
serve as a limitation on the Federal Government or to secure a right for the
individual. These latter rights are known as positive rights and among these is the
Sixth Amendment. The Sixth Amendment protects the rule of law by preserving
individual rights within the judicial system. This is of unquestionable significance
because prior to the United States, a truly impartial judicial system was never
attempted. Specifically, the Sixth Amendment guarantees that if a person is
charged with a crime he or she shall not only have the right to a trial by jury but
also to the assistance of legal counsel.
2011 LAW DAY ESSAY TOPIC
Each student participant must write an essay of 1,000 words or less on this topic:
Explain why the right to an attorney is considered a fundamental principle of the
rule of law.
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LAW DAY ESSAY CONTEST
2011 PACKET
THE LEGACY OF JOHN ADAMS, FROM BOSTON TO GUANTANAMO
The following discussion points have been provided as a suggested approach;
however, they are not mandatory, and creativity is encouraged:
1) Discuss the legacy of John Adams in his defense of the British soldiers accused
of the massacre of American colonists.
2) Explain what the Founding Fathers were attempting to protect or prevent by
including the right to an attorney in the Sixth Amendment.
3) Consider whether the rule of law should be upheld in times of great political
unrest.
4) Discuss the importance of the Sixth Amendment right to legal representation
when the person accused of committing a crime is unpopular, or even hated,
by people in the community.
5) Consider the breadth of the Constitutional right to legal representation and
whether potentially dangerous individuals or those accused of opposing the
American way of life should be entitled to an attorney pursuant to the Sixth
Amendment.
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
 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
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LAW DAY ESSAY CONTEST
2011 PACKET
THE LEGACY OF JOHN ADAMS, FROM BOSTON TO GUANTANAMO
SELECTION CRITERIA
Each English Language Arts and/or Social Studies teacher may submit only one
(1) essay per grade level from his or her respective school for consideration for
the pre-selection judging. These essays will then be read and assessed by Judge
Hayes and members of the Spartanburg County Bar Association. Winners from
each grade will be invited to a special reception. The overall winner will be
announced at that reception.
AWARDS
9th
Grade
Grade
th
11 Grade
12th Grade
Overall Winner
10th
$100
$100
$100
$100
$500
Cash awards, medals and certificates will be presented to the recipients and
their parents at the reception. Winning essays may be submitted to the local
newspaper for publication and also to other organizations for possible
publication and release to the general public.
SENIOR LAWYERS DIVISION STATEWIDE AWARDS
The Senior Lawyers Division of the South Carolina Bar Association is sponsoring a
statewide Law Day Essay Contest. Each local overall and grade winning essay
will be regarded to determine statewide essay winners. 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 local winning essays must be submitted to Judge Mark Hayes by noon on
Friday, June 3, 2011. All local winning essays along with the appropriate
coversheets are to be submitted to the following address:
Judge Mark Hayes
180 Magnolia Street
Spartanburg County Courthouse
Spartanburg, SC 29306
Office: (864) 562-4144 Fax: (864)562-4142
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LAW DAY ESSAY CONTEST
2011 PACKET
THE LEGACY OF JOHN ADAMS, FROM BOSTON TO GUANTANAMO
ESSAYS FROM PARTICIPATING SCHOOLS
Students from participating schools will submit essays to a school official
(teacher, administrator, etc.) for pre-selection.
EACH SCHOOL WILL SUBMIT NO MORE THAN TWO (2) ESSAYS PER ENGLISH
LANGUAGE ARTS AND/OR SOCIAL STUDIES TEACHER DIVISION FOR EACH GRADE
DIVISION
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) A student in this category must indicate in the appropriate space
provided on the entry form that he or she is not affiliated with a school;
2) A student who is affiliated with a non-participating school must provide
the school’s name, address, telephone number, and indicate on the form
that the school is not participating. (Note: if more than one entry is
received from a non-participating school, that school may be contacted
for pre-selection.)
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