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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 …
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 …
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 …
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 …