Georgia Magazine - December 2011 - (Page 9)

Liberty notes Rights at trial In all criminal prosecutions, the accused shall enjoy the right … 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 … —From the Sixth Amendment The clause requiring a criminal defendant to be informed of the charges against him or her seems a logical and appropriate part of any judicial process, but history provides numerous examples of the violation of this fundamental right. The closely related right to confront the prosecution’s witnesses and the defendant’s right to call witnesses on his or her behalf are consistent with the traditions of English common law, with which our early statesmen were familiar. The Virginia Declaration of Rights, which was adopted by Virginia’s constitutional convention in 1776, recognized these important rights for criminal judicial proceedings and served as a model for other state bills of rights and the U.S. Bill of Rights. Section 8 of the document contains this language: That in all capital or criminal prosecutions a man has a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor … James Madison adapted this language when he wrote the Sixth Amendment, as he did with several other phrases and concepts in the Virginia Declaration of Rights. —Jim Jess For more about the rights of the accused, see page 34B of the December 2011 digital edition online at www.georgiamaga web exclusive exclusive web For more about the Virginia Declaration of Rights, see exhibits/charters/virginia_declaration_of_ rights.html. December 2011 Picture this? Guess where this is and you could Welcome to “Picture this?” a monthly contest where we print a reader’s photo showing a Georgia place—and you get a chance to guess where the picture was taken! We will reward the reader whose photo is published—as well as the person who correctly guesses where it was taken—with $25 each. (If more than one person guesses correctly, we’ll draw from among all correct answers to determine the winner.) Winners’ names and where the photo was taken will appear in a future issue. Ready to guess? Send your guess by Dec. 20, 2011, to GEORGIA Magazine, Attn: “Picture this,” P.O. Box 1707, Tucker, GA 30085, or email to Be sure to include your name, address and phone number. Have a photo? Send your original photos of locations that are easy to identify, but not too prominent (i.e., the Big Chicken in Marietta or Stone Mountain) to the address listed above, or you can email 300-dpi photos to us at Please send photos and guesses in separate envelopes. Our winners from the October 2011 issue are George D.N. Coletti, of Stone Mountain, who took the photo, and Ronnah Bell, of Ashburn, who correctly guessed that it is “Sherman’s Neckties,” sections of twisted railroad track that date to the Civil War and now are on display in the city of Stone Mountain. As an accompanying marker states, the rails were separated, then heated on bonfires, wrapped around trees and left to cool. The action thwarted Confederate efforts to use railroads for transport. “Burning will do for bridges and culverts, but not for ordinary track,” stated orders from Union Gen. William T. Sherman. Celebrating the Georgia lifestyle GEMC Win $25! ® October 2011 More online at 9

Table of Contents for the Digital Edition of Georgia Magazine - December 2011

Georgia Magazine - December 2011
Georgia News
Picture This?
Calendar of Events
Magical Nights, Holiday Lights
Between the Covers
Around Georgia
My Georgia
Georgia Cooks

Georgia Magazine - December 2011