SHEPPARD V. MAXWELL (1966)

By Leo Moreno

Facts of the case

Samuel Sheppard challenged his verdict as the product of an unfair trial.

He was accused of second-degree murder of his pregnant wife.

Questions

Does the publicity of his trial interfere with the fairness of his trial?

Did this interfere with his civil liberty of a fair trial that’s guaranteed in the Bill of Rights?

Civil liberties: Rights to protect from government.

Bill of Rights: The first ten amendments.

Table

Right Amendments Question

The constitutional amendment designed to protects the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

5th Did he receive a fair trial?

5th Amendment: Designed to protect the rights of the persons accused of crimes.

Self-incrimination: The situation occurring when an individual accused of a crime is compelled to be a witness against his/herself in court.

Conclusion

The warren court found in an 8-to-1 decision that Sheppard did not receive a fair trial. The court concluded that the trial judge should’ve either postponed or transferred the case so it could be a fair trial.