According to the sixth Amendment: "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."
Sandra was arrested and charged. This is thus a criminal prosecution and the Sixth Amendment is clear, she has the right ot representation and the judge's actions are unconstitutional. The case Gideon v. Wainwright is a good example. This case involved a homeless man in Florida who was accused of burglary. His judge denied him the right of legal representation and the man had to represent himself. He was found guilty but appealed the sentence from his prison cell. The case was taken to the SCOTUS and the ruling was quite clear: State Courts have the legal obligation of respecting the constitutional rights of defendants in all criminal prosecutions. Actually, Clarence Darrow, one of the greatest attorneys in the history of the USA took an attorney when he was accused of a criminal offence. Therefore being "smart enough" is irrelevant; all defendants in all criminal prosecutions have a right to legal representation.
1st Question:
The Framers wanted a division among the branches of government, in which some power was given to the judicial branch, some to the legislative branch, and some to the courts. Compared to a presidential system, the legislative branch in a parliamentary system has much more power.
2nd Question
The framers needed to find a way for representatives to fairly represent both population and states, meaning that although state population affected representation, it wouldn't be so much so that small states like Rhode Island had almost no voice. To do this, the created a bicameral legislature, with each state having equal representation in the Senate and the House having numbers of reps based on population. <span />
Some of the weaknesses of the continental army were:
The continental army,to begin with was not adequately trained,as compared with the disciplined British forces that they were facing. In addition,they also faced organizational problems. Finally they did not have enough supplies,compared with the British who are well equipped and well supplied. Despite all these factors, they were able to surmount the forces under the able leadership of George washington.
