COM JO 525 Lecture Notes - Lecture 4: Billie Sol Estes, Gag Order, Sixth Amendment To The United States Constitution
7 May 2019
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Balancing between 6th amendment right to a fair and speedy council and 5th amendment right to know - right to due process. Your life is at stake during a criminal trial. Hard for judges to control their courts because of mass media. Gag order - informal term for a restraining order. The accused shall enjoy the right to a speedy and public trial by an impartial jury, in the county or district where crime occurred. Sheppard v. maxwell - sheppard was accused of second degree murder for killing his pregnant wife. Supreme court ruled that he had an unfair trial so he has a new trial, he is acquitted, and then he dies. Sheppard rules: judges have to control their courtrooms in order to protect their defendant"s sixth amendment rights. Continuances, change of venue, sequestration, gag orders (problems) Witness protection, jury admonition, retrial, limits on press attendance. (pros) Continuances can lead to dried up evidence or loss of witness memory.
