NCJ Number
100815
Date Published
1986
Length
102 pages
Annotation
Five spectacular murder cases illustrate the conflict between the first amendment (free speech) and the sixth amendment (fair trial) in this examination of clashes between the press and the American legal system.
Abstract
The cases considered include the Charles Manson killings, Dr. Sam Sheppard's trial for murdering his wife, Erwin Simants' slaying of the Kellie family, the disappearance of Wayne Clapp, and the multiple murder trials required to reach a verdict in the John Paul Stevenson trial. The cases are examined from the circumstances surrounding the original crime, through clashes between judges and journalists, to U.S. Supreme Court opinions that resolved them. The accounts combine narrative descriptions with an analysis of the legal principles embedded in the final court decisions. The cases also provide an introduction to the operation of the courts, demonstrate the extent and limits of judicial discretion and how various judges have used or abused their discretionary powers, and outline the uses and abuses of journalistic endeavor. A special section further considers trial court processes, criminal investigation, and evidentiary rules as they relate to protecting confidential sources of information. Annotated case list and 48-item bibliography.