Free press-fair trial
Dr. Samuel H. Sheppard, the Cleveland neurosurgeon who served nine years in prison for the bludgeon slaying of his first wife has been cleared. He was found innocent by a seven-man, five-woman jury. 12 hours after the completion of his second trial.
His second trial had been ordered by the United States Supreme Court after an appeal by Sheppard's lawyers. The court found that the outcome of Sheppard's first trial had been influenced by both electronic and written press coverage.
The Supreme Court's decision fanned anew the Free Press-Fair Trial controversy. Adding tinder to the fiery controversy have been recommendations made by the American Bar Association's advisory committee on fair trial-free press.
COMMONLY CALLED the Reardon committee, it has proposed that certain types of information be withheld from the press prior to a criminal trial. The information to be withheld includes:
- The prior criminal record or statements as to the character or reputation of an accused person.
- The existence or contents of any confession, admission or statement given by the defendant, or his refusal to make a statement.
- Performance or results of tests, or the refusal of an accused person to take such a test.
- The identity, testimony or credibility of prospective witnesses.
- The possibility of a plea of guilty to the offense charged or to a lesser offence.
- Other statements relating to the merits of the case or to the evidence with the exception of specified information describing the offense, evidence, and circumstances of the arrest. All of the above are either public records or matters of public information which the Reardon committee would have withheld.
THE CONSTITUTION requires criminal trials to be public except when the defense requests the exclusion of the public. Appellate courts have held that the presence of the public is an influence toward fairness, for it is desirable for the people to know whether or not justice is being administered fairly. Only through the news media can the great majority of the public be so informed.
But it is the pretrial reporting of facts inadmissable as evidence which has increasingly
caused judges to declare mistrials and the Supreme Court to grant retrials, such as in the Sheppard case. The blame for much of this pretrial reporting often must be shared with those who participate in and conduct the trial. Much of the blame for the pretrial publication of inadmissible evidence can be laid at the door of publicity-minded prosecuting attorneys.
It would appear that the basic constitutional rights of free press and fair trial are in conflict with each other. In reality, this is not true, for they complement each other. It is just that cooperation between the two disciplines is needed.
IT MUST BE POINTED OUT that the Reardon committee specifically rejected any attempt to restrict the reporting of crime news through the passage of new laws. Instead, the committee called on the news media to exercise more restraint in the reporting of crime news.
Voluntary restraint by the press has increased in recent years. Even so, the free press-fair trial controversy has again reached the boiling point because of recent publicity resulting from the Sheppard case. But to judge the press of today on the basis of its performance during the Sheppard trial, 10 years ago, would be pure folly.
Of its recent record, the press can indeed be proud. Press cooperation with Chicago police several months ago led to the capture of Richard Speck. (Some of the information released at that time would have been classified by the Reardon committee.) It is press cooperation with authorities which helps guard against rumor, misinformation, and panic in times of terror such as in Boston over a year ago when a wave of strangulations swept that city.
LESS THAN 10 PER CENT of all criminal proceedings reach the trial stage; thus full and adequate reporting must be made in the early stages of the investigation. If the Reardon committee's recommendations were followed in full this type of news coverage would be impossible.
The percentage of cases in which fair trial is seriously threatened by news coverage is small, yet a substantial number of such cases exist. It is the responsibility of the press to recognize such cases and practice restraint. It is the responsibility of the courts to refuse to release prejudicial matter but it is also their responsibility to exercise restraint in determining whether or not the matter is prejudicial.
By MAURY BREECHER
"I'm Supposed To Be In The New U.S. Department Of Transportation If I Can Get To It"
CAUTION—DRUNKEN DRIVER
Officials said a Wyoming highway patrolman stopped the driver on suspicion of "drunken driving."
CHEYENNE, Wyo.—(UPI)—A motorist taking a driving test flunked before he was even half-way through the course.
The state official testing the driver drove the vehicle back.
Official Bulletin
TODAY
Daufort Devotions, 4:30 p.m. Danforth Channel
Newman Club Lecture, 7 p.m. "Individual Conscience vs. Authority in Church." Student Center, 1915 Stratford Rd.
Classical Film, 7 & 9 p.m. "The Italian Straw Hat" Dyche and
Alpha Chi Sigma, 7:30 p.m. Prof.
Dabbs, History Dept., Room 168,
Dabbs Building
TOMORROW
Lecture, 4:15 pm. Prof. J. Laurence Day, "Current Contributions of Military to Progress in Argentina & Brazil." Jayhawk房, Kansas Uni-
Faculty Club Dinner Bridge, 6 p.m.
Lecture, 8 p.m. Gloria Spinl, U. of
Fremont. Rocheclangelo as Artist of
Florence and its inhabitants. Forum,
Room, Kansas Union
College Life, 9 p.m. Delta Tau Delta, 1111 W. 11th.
LITTLE MAN ON CAMPUS
2 Daily Kansan editorial page Wednesday, November 30, 1966
"OH FRATERNITY MEN ARE POLITE, I GUESS, BUT YOU'LL NOTICE THIS ONE HAD A 'PLEDGE HANDY.'
At other schools...
THE KENTUCKY KERNEL, the school paper of the University of Kentucky, reports that a proposal has been made to their Interfraternity Council (IFC) that fraternities will not tell rushees that they have passed chapter votes and will not extend bids to them during rush week.
Instead, the KERNEL says, rushees will pick up envelopes at the beginning of the last day of rush containing the names of the houses extending invitations for pledging. The proposal has been tabled for two consecutive weeks.
The system seems great on paper, and a lot more sensible than any women's rush rules which attempt to do the same thing (i.e., eliminate bidding, etc.) but it's doubtful if it would really change anything. . . .
The University Senate Committee on Student Affairs at St. John's University in New York (equivalent to KU's COSA) successfully avoided a controversial matter by saying that the question of serving liquor to undergraduates on Homecoming Day was an administration matter to be handled by the administration.
The statement was a reply to a request by the Student Council that liquor be served on that day, and the request pointed out that such a policy change was within the sphere of the Committee's activities.
We've heard it before...
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THE STATE NEWS of Michigan State University recently displayed a picture on page one which was taken at the Michigan State-Notre Dame game at East Lansing, which ended in a 10-10 tie and failed to decide the question of which of the nation's top two teams is the best.
The picture showed several students holding a huge sign in the stands which read, "Bubba and Romney in '68!", referring to MSU's 6-7 All-American linebacker, Bubba Smith. Another sign proclaimed, "Bubba for Pope!"
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A K-STATE COLLEGIAN reporter, a Wichita Eagle correspondent and a Kansas City Star reporter walked out of a joint Student Senate-Athletic Council meeting last Monday which was called to discuss the use of student fees to build a new stadium, and which was supposed to be open to the press. The reporters were informed otherwise.
The chairman of the Athletic Council said he was worried about press coverage because he has been "burned" by partial reporting in the last few weeks. He added that the stadium has got to be built with student fees, and therefore "anyone who is against the use of student fees is against a new stadium."
It seems that K-State students just don't want to shell out more money than they already do to watch their team lose (or tie). Maybe they don't realize how valuable the physical athletic facilities are to the performance of a team . . . why, just look what our new stadium addition did for the KU team. . .
THE UNIVERSITY DAILY
The Daily Kansan, student's newspaper at The University of Kansas, is represented by National Advertising Services, 18 East 50 St., New York, N.Y. 10022. The Daily Kansan also represents postage paid at Lawrence, Kan., every afternoon during the University year except Saturdays and Sundays. University holidays and examination periods. Accommodations, goods, services and employment advertised in the University Daily Kansan are offered to all students without regard to color, creed or national origin.