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Peter E. Kane - Murder, courts, and the press: issues in free press fair trial

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When murder is the crime, the clash in the courts is likely to be between two constitutionally enshrined rightsfreedom of speech and the right to a fair trial.Peter E. Kane shows what happened in seven famous court cases when First Amendment rights (concerning freedom of speech) conflicted with Sixth Amendment rights (concerning fair trial). He reports the circumstances of each crime, the court proceedings, and the conduct of the press in the trials of Sam Sheppard, Charles Manson and his followers, John Paul Stevenson, Claus von B?low, and Arthur Shawcross and the cases involving the Kellie family and the Wayne Clapp murders. Kanes narrative and analytical approach illuminates legal principles and shows the roles of actual human beings underlying the abstractions of court opinions.In this revised and expanded edition, Kane considers two new topics stemming from recent court cases: cameras in the courtroom and a code of ethics for crime reporting. Kane explores the issue of cameras through the famous Claus von B?low retrial, which featured live television broadcasts; regarding a journalistic code, Kane examines the massive pretrial reporting of the serial murders of Arthur Shawcross. Kane notes that sensational crime stories serve the interests of many people: the public wants to read them; journalists want to write them because they can make a reporters fortune and reputation; and editors and publishers want to sell papers. The sensational crime story serves everyones purpose except that of the accused.In addition to exploring journalistic ethics and the proper procedures for trial judges in guaranteeing a fair trial, these cases also provide an introduction to the operation of the courts in criminal justice. The trial court is the arena in which the conflicts between a free press and a fair trial are played out, Kane writes. This play is described here as are the subsequent evaluations of that play by the appellate courts. Thus the legal process is considered from its beginning with the original crime to the final resolution of the case in the United States Supreme Court.

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title Murder Courts and the Press Issues in Free Pressfair Trial - photo 1

title:Murder, Courts, and the Press : Issues in Free Press/fair Trial
author:Kane, Peter E.
publisher:Southern Illinois University Press
isbn10 | asin:
print isbn13:9780809317806
ebook isbn13:9780585105918
language:English
subjectFree press and fair trial--United States, Trials (Murder)--United States.
publication date:1992
lcc:KF9223.5.K36 1992eb
ddc:345.73/056
subject:Free press and fair trial--United States, Trials (Murder)--United States.
Page iii
Murder, Courts, and the Press
Issues in Free Press/Fair Trial
Revised and Expanded Edition
Peter E. Kane
With a Foreword by Franklyn S. Haiman
Southern Illinois University Press
Carbondale and Edwardsville
Page iv
Copyright 1986, 1992 by the Board of Trustees,
Southern Illinois University
All rights reserved
Revised and Expanded Edition 1992
Printed in the United States of America
Production supervised by Natalia Nadraga
95 94 93 92 4 3 2 1
Library of Congress Cataloging-in-Publication Data
Kane, Peter E., 1932
Murder, courts, and the press: issues in free press/fair trial/
Peter E. Kane; with a foreword by Franklyn S. Haiman. Rev. and
expanded ed.
p. cm.
Includes bibliographical references (p. ).
1. Free press and fair trial United States. 2. Trials (Murder)
United States. I. Title.
KF9223.5.K36 1992
345.73'056 dc20
[347.30556]
ISBN 0-8093-1780-XPicture 2Picture 3Picture 4Picture 5Picture 6Picture 791-40246
ISBN 0-8093-1781-8 (pbk.)Picture 8Picture 9Picture 10Picture 11Picture 12CIP
The paper used in this publication meets the minimum requirements of American National Standard for Information Sciences Permanence of Paper for Printed Library Materials, ANSI Z39.48-1984. Picture 13
Page v
Contents
Foreword
by Franklyn S. Haiman
vii
Preface to Revised and Expanded Edition
xi
Preface to First Edition
xv
1. An Introduction to the Problem
1
2. Sins of Commission and Omission: The Sheppard Murder Case
7
3. Doing It Right: The Tate-LaBianca Murders
23
4. An Attempt to Make the Media Live by Their Own Rules: The Kellie Family Murders
33
5. The Closed Pretrial Evidentiary Hearing: The Missing Wayne Clapp
43
6. "The Right to a Speedy and Public Trial": Who Killed Lillian Keller?
53
7. Cameras in the Courtroom: Is Someone Trying to Kill Sunny?
63
8. Ethical Guidelines for Crime Reporting: The Saga of a Serial Killer
73
9. The First and the Sixth
85
Appendix: Protecting Confidential Information Sources
97
Annotated Case List
111
Bibliography
117

Page vii
Foreword
It has become something of a clich to assert that the United States has greater freedom of speech and press than any other society in the world has ever enjoyed, but that does not make the observation any the less true. And whether this fact is invoked to defend the status quo and oppose any broader extension of these freedoms, or whether it is offered as a justification for moving even further to eliminate the restrictions that still exist, there is little dispute over the desirability of what we have achieved and its preferability to the alternatives we see in operation around the rest of the globe.
The differences of opinion that we have over whether to maintain or to expand the range of freedom that is available to us are unfortunately too often based on a lack of understanding of what present law and custom actually provide. There are some people, for example, who seem to believe that the First Amendment to the United States Constitution, which says that "Congress shall make no law... abridging the freedom of speech, or of the press," means literally that there are no legal limits of any sort on what may be said or printed in our countrythus ignoring the restrictions we have on such forms of expression as obscenity, libel, incitement to riot, or desecration of the flag. There are others, at the opposite extreme, who erroneously seem to think that the government may, consistent with the First Amendment, prohibit whatever a significant number of people find offensivebe it racist rhetoric, the advocacy of communism, or the portrayal of women as objects of sexual exploitation. Before we can intelligently discuss how the balance
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