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Important 14th Amendment Cases
before the Sheppard Trial
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Prior to the Sheppard case, there were other cases that had been ruled on
by the Supreme Court dealing with the media and infringements of the due
process clause of the 14th Amendment. One of the more famous cases deals
with Billie
Sol Estes v. Texas in 1965. In this case, the U.S. Supreme Court overruled
the conviction of Estes on swindling charges because the trial judge had
allowed
Even before the Sam Sheppard Trial reporters were
limited as to what they could bring in to the courtroom.
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broadcast media coverage of the trial. The court saw that the press had
to have some freedom as to "uphold the spirit of a democratic society,"(IFAC,
29) but they also said that the absolute fairness of the judicial process
had to be maintained and that the press should only be "entitled to
the exact same rights as the general public."(IFAC,29) This meant that
reporters were not allowed to bring typewriters, presses or other tools
that could be used to transmit the story into the courtroom. |
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The jury looks on during the Sam Sheppard Trial.
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Another case that dealt with an infringement of the due process
clause of the 14th Amendment was Turner
v. Louisiana. In this case, a jury convicted Wayne Turner of murder
during a robbery he had performed. The deputy sheriffs who were prosecution
witnesses in the case were also in charge of having custody of the jurors.
This put them in constant contact with the jury that would be deciding the
guilt or innocence of Wayne Turner. The sheriffs swore that they hadn't
talked to the jurors but the U.S. Supreme Court over turned the conviction
anyway saying that "even if it could be assumed that that deputies
never did discuss the case directly with any members of the jury, it would
be blinking reality no to recognize the extreme prejudice inherent in this
continual association." (ACLPP, 188) This case served to explain that
the jury having close contact with any outside source involved in the case
could lead to a prejudice in the case and consequently, a violation of the
due process clause. |