An Impartial Jury: Legal Requirement or Idealistic Goal?
Dan May
O'Fallon High School
O'Fallon, Illinois
Student Materials
Note to the Teacher
The stories you are using are not actual stories printed in the press during the Sam Sheppard trial. They are reports created specifically for this lesson. The news reports for this exercise were intended to convey one-sided, inflammatory reports that contained unsubstantiated rumors. They are fictional accounts based on the majority opinion of the United States Supreme Court in Sheppard v. Maxwell (1966). The Court indicated the jurors had been exposed to pretrial publicity and to allegations made in the media that were not offered as evidence in the trial. (See Notes on Supreme Court Decision in the teacher materials).
News Report #1
Murder visited an exclusive neighborhood along Lake Erie last night as a woman (Marilyn) was found beaten to death by a blunt instrument. The victim's husband (Sam), a doctor, told police he had been asleep on a couch downstairs when he was awakened by a noise. He ran upstairs to investigate and confronted a "bushy-haired" intruder. The husband struggled with the man and was momentarily knocked unconscious. When he regained consciousness he ran outside to pursue the attacker. They struggled on the steps leading down to the lake but Sam was unable to overcome the intruder. According to police, the bedroom in which the body was found was a bloody crime scene. Investigators searched the area but have not yet discovered a murder weapon. The husband was taken to a hospital run by his family and treated for his injuries. The couple's 7 year old son was in the house at the time of the attack but was unharmed.
News Report #2
Front Page Editorial
Who Speaks for Marilyn?
Does wealth scare the police? Why aren't the police questioning the doctor about his wife's death? Justice demands the authorities investigate the husband of the victim of this horrible murder. There is no question the doctor's family is prominent and influential. Their wealth and status should not shield the husband from the type of investigation that should happen when this type of crime occurs. Why wasn't the husband asleep in the bedroom with his wife? Why were his injuries diagnosed and treated by his father and brother instead of being independently confirmed by a more objective examination? These are reasonable questions when one considers the absence of any other suspects or motives in this crime.
News Report #3
Justice for Marilyn
The arrest of Marilyn's husband is the first step in resolving one of the most sensational crimes in the history of the Cleveland area. Stripped of the protection of his influential family, the husband must face the music for his actions. Retaining the area's most prominent criminal defense attorney is an indication that Sam recognizes the strength of the case against him. Once this perjurer is brought to court and the jury learns of his affairs with other women, this sad chapter will be laid to rest by the verdict of the jury. Marilyn referred to Sam as a "Jekyll-Hyde" and now it is time for the law to reign in this doctor and his split personality.
News Report #4
*If you are on the jury it would probably be better if you didn't read this report.
Testimony continued today in the Marilyn murder trial. The prosecution provided evidence for its theory of the murder weapon. A photograph taken at the crime scene shows the imprint of a surgical instrument on the pillow of Marilyn. Reporters for this newspaper have also interviewed police officers who refer to her husband Sam as a "bare-faced liar." A report is also being circulated by a female convict who claims Sam is the father of her illegitimate child. The defense will present its case beginning tomorrow.