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Articles 1 - 16 of 16
Full-Text Articles in Law
Muzzling Death Row Inmates: Applying The First Amendment To Regulations That Restrict A Condemned Prisoner's Last Words, Kevin F. O'Neill
Muzzling Death Row Inmates: Applying The First Amendment To Regulations That Restrict A Condemned Prisoner's Last Words, Kevin F. O'Neill
Law Faculty Articles and Essays
This Article asserts that the privilege to deliver a last dying speech— uttered in the presence of, and made audible to, the assembled witnesses in the moments just before one's execution—is a First Amendment right, and that prison policies departing from its traditional exercise are unconstitutional. After canvassing the state prison policies that govern last words, this Article will recount the long historical tradition surrounding their utterance—a history that reveals the extraordinary degree to which Anglo-American governments have honored the privilege.Next, this Article will draw a parallel between the right to utter one's last words and the well-established right of …
Introduction Symposium: Toward More Reliable Jury Verdicts - Law, Technology, And Media Development Since The Trials Of Dr. Sam Sheppard , Patricia J. Falk
Introduction Symposium: Toward More Reliable Jury Verdicts - Law, Technology, And Media Development Since The Trials Of Dr. Sam Sheppard , Patricia J. Falk
Cleveland State Law Review
The three Sheppard cases, spread over almost half a century, serve as a point of departure to explore how the multiple forces of law, science, and the media have interacted in criminal trials and in later challenges to the reliability of those trials. The Sheppard cases have resulted in five enduring legacies. Perhaps the most obvious legacy of the Sheppard cases is the new law the case made when it was heard by the United States Supreme Court on a federal habeas corpus appeal. In Sheppard v. Maxwell, the Court created a new legal standard regarding the effects of pretrial …
A Distant Mirror: The Sheppard Case From The Next Millennium, James Robertson
A Distant Mirror: The Sheppard Case From The Next Millennium, James Robertson
Cleveland State Law Review
My own vantage point is that of a trial judge, and for me, revisiting the Sheppard case is a chance to ruminate on the relationship between judges and the media and how judges deal with high profile cases. I will consider that subject, and then meander a little farther along and share a few thoughts about what I call hermetically sealed justice - our modem insistence that judges say nothing and juries know nothing. Finally, I will have a few words to say about DNA evidence and the "reliable verdict" ideal that appears to be one of the propositions to …
Scientific Evidence And The Ethical Obligations Of Attorneys, Michael J. Saks
Scientific Evidence And The Ethical Obligations Of Attorneys, Michael J. Saks
Cleveland State Law Review
This article considers the question: "What are the legal and ethical responsibilities of attorneys when offering scientific expert evidence to courts?" To a lesser extent it considers the responsibilities of attorneys to challenge such evidence when proffered and the ethical dimensions of the working relationship of lawyers and experts. Although the most prominent discussions of such issues have concerned so-called junk science in civil trials, the legal context upon which this article will focus is the criminal trial, where dubious science is more common, less questioned, and has even become institutionalized. The rules and practices of civil cases are provided …
And Justice For Doc Sam, Joel Jay Finer
And Justice For Doc Sam, Joel Jay Finer
Cleveland State Law Review
Poem about Dr. Sam Sheppard, the surrounding events, and justice.
Struck By The Falling Bullet: The Continuing Need For Definitive Standards In Media Coveage Of Criminal Proceedings, John A. Walton
Struck By The Falling Bullet: The Continuing Need For Definitive Standards In Media Coveage Of Criminal Proceedings, John A. Walton
Cleveland State Law Review
When I look at the impact of the media coverage on the Sheppard trial with hindsight, I view that type of media circus as similar to firing a gun into the air. Similarly, in most cases, media coverage of a crime generates some attention but does not impede the administration of justice. Media coverage of criminal court proceedings has no definite standards and parameters. It is difficult to predict when that coverage will expand into a media circus and even more difficult to know, prospectively, what impact the circus will have on the defendant's trial. When I was visiting the …
Witness To History: The Role Of Legal Commentators In High Profile Trials - Opening Remarks, Laurie L. Levenson
Witness To History: The Role Of Legal Commentators In High Profile Trials - Opening Remarks, Laurie L. Levenson
Cleveland State Law Review
As legal commentators, our role is, first and foremost, to educate the public and the media. The next thing that a commentator can do is, of course, provide some type of expertise. An experienced lawyer or legal commentator should know enough to say, if given the opportunity, that a certain fact will not necessarily make a difference in the case because the jurors will not hear it or because it is unrelated to the legal issues in the case. Another thing legal commentators can do is address problems in the presentation of what the law and the legal process is. …
Open Courts: How Cameras In Courts Help Keep The System Honest, Clara Tuma
Open Courts: How Cameras In Courts Help Keep The System Honest, Clara Tuma
Cleveland State Law Review
Why is it important to televise coverage in trials? The basic answer is that our judicial system needs to be as open as possible. There is a reason we do not hold trials in private and a reason we open the courtroom doors and invite in the world. The reason is that justice shines brightest in the sunshine. In today's busy world only a few people can actually attend court proceedings. With so many people relying on television as their primary resource of information, televised coverage of trials exposes greater numbers o f citizens to our justice system. A camera …
Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence M. Solan
Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence M. Solan
Cleveland State Law Review
Indeed, it is difficult to prove one's innocence, and the legal system purports not to require defendants in criminal cases to do so. The shift in the burden of proof happened for a number of reasons. In this article, I will discuss another factor that I believe pervades the criminal justice system: jury instructions that shift the burden from the government to the defendant. Part II of this article establishes three criteria for good criminal jury instructions. They are fidelity to the law, comprehensibility, and consistency with the presumption of innocence. It then discusses the presumption of innocence, burden of …
Scientific Evidence In The Sam Sheppard Case , Paul C. Giannelli
Scientific Evidence In The Sam Sheppard Case , Paul C. Giannelli
Cleveland State Law Review
My panel is discussing reliable jury verdicts, and my topic is "scientific" evidence. One way to approach this issue is to compare scientific evidence with other methods of proof. The trial lawyers that I worked with viewed cases as falling primarily into one of three categories: eyewitness cases, confession cases, and "scientific" evidence cases. In this scheme, anything that was not an eyewitness, confession, or snitch case was a "scientific evidence" case. These categories, of course, are neither exhaustive nor mutually exclusive; often two and sometimes all three are involved. Nevertheless, these categories are helpful because they present trial attorneys …
The Right To Kill In Cold Blood: Does The Death Penalty Violate Human Rights, Alan Ryan
The Right To Kill In Cold Blood: Does The Death Penalty Violate Human Rights, Alan Ryan
Cleveland State Law Review
The essence of the argument is this: all punishment must be inflicted in cold blood; whatever damage we do to others not in cold blood is not punishment but self-defense or revenge; what we have a right to inflict in cold blood is a question of the rules of just social cooperation and especially the justice of the sanctions required to sustain those rules; it is here argued that the fundamental principle is that we may inflict whatever punishment is necessary to deter wrongdoing and not disproportionate to the offence; I do not dismiss 'pure' retribution as a goal of …
Personal Reflections On The Reliability Of Jury Verdicts, Sam Reese Sheppard
Personal Reflections On The Reliability Of Jury Verdicts, Sam Reese Sheppard
Cleveland State Law Review
The symposium presentation given by Dr. Sheppard’s son discussed the impact of the trial on his entire family, as well as the idea of a failed trial. He went through the different juries encountered by his father. He also listed his hopes for the symposium: “What would I hope to come out of a conference like this? First, selfishly, I would hope that it would help us with our new legal endeavor. Second, I hope that we can contribute to serious legal work that deals on realistic and dignified grounds on the problem, both federally and statewide, of wrongful incarceration. …
Influence Of Media And Technology: Changing Roles And Responsibilities, Terry Gilbert
Influence Of Media And Technology: Changing Roles And Responsibilities, Terry Gilbert
Cleveland State Law Review
High profile cases are therefore media driven. What happens in the courtroom is a reflection of the attitudes of the larger society. Such was the case then and it is the case now. From the cases of Lizzy Borden, the Lindburgh kidnapping, O.J. Simpson, and Sheppard, anyone who thinks justice is completely blind to the influences of popular opinion is blind themselves. All too often justice is a function of political culture. The courtroom is nothing but a vehicle to carry out the popular will, often with lynch mob mentality. Despite the attempts to control this phenomenon, and certainly the …
Questioning The Rights Of Juvenile Prisoners During Interrogation , Adam Mizock
Questioning The Rights Of Juvenile Prisoners During Interrogation , Adam Mizock
Cleveland State Law Review
Part I of this Note will review a recent Colorado case involving the interrogation of a juvenile prisoner and the application of the additional-restraint factors within a totality-of-the-circumstances analysis. Part II will analyze how the decision in the Colorado case and the additional-restraint factors comport with the meaning of "custody" as set forth in U.S. courts' jurisprudence on custodial interrogations. Part III will propose that juvenile prisoners should be presumed in custody for Miranda purposes absent exceptional circumstances. It then will present the justification for this presumption, including a discussion of the solicitude normally provided to juveniles in the criminal …
It's Time To Put The Military's Death Penalty To Sleep , Michael I. Spak
It's Time To Put The Military's Death Penalty To Sleep , Michael I. Spak
Cleveland State Law Review
Part I will focus on the death penalty in the civilian sector of the United States. It begins with a brief history of and an introduction to death penalty laws in the United States. A critical examination of the primary arguments used to justify the death penalty follows. Part I next offers a brief overview of other independent reasons for the abolition of the death penalty. After having concluded that the application of the death penalty is unfair in the civilian sector and should thus be abolished, the article will then shift its focus to the death penalty in the …
The Problem With Innocence, Margaret Raymond
The Problem With Innocence, Margaret Raymond
Cleveland State Law Review
Pursuing justice for the wrongfully convicted is a profoundly meaningful goal. Yet the innocence movement may have unintended consequences for the criminal justice system. This paper explores some of these, and argues that the focus on factual innocence may create certain distortions in the way that actors in the criminal justice system---the "ones left behind"--perceive their obligations and allegiances. It may convince the public, including policymakers, that the system works effectively to reveal and redress wrongful convictions. It may convince prospective jurors that it is-or should be-the defendant's burden to prove innocence. It may convince potential criminal defense clients that …