Word: confessionally
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The reluctant chief witness for the defense was George Whitmore, 21, a Negro laborer who was first charged with the crime and later exonerated after Robles' arrest. Defense Attorney Jack Hoffinger read to the jury a confession that police said had been made by Whitmore. On the witness stand...
At the heart of the argument is the Fifth Amendment guarantee that "no person shall be compelled in any criminal case to be a witness against himself." That guarantee establishes a system of justice based on accusation, not inquisition. In essence, it commands Government to prove guilt by independent evidence...
The Fifth Amendment bars the use of any confession that police extract from a suspect by brutality. Indeed, it bars any conceivable kind of coercion, including the most subtle threats or promises. But the point where such coercion starts is often difficult to define. As a result, the FBI, which...
In 34 subsequent decisions, the court has slowly forced the states to observe a new standard. A confession is "voluntary," and therefore admissible, said the court, only if it reflects "a free choice to admit, or deny or to refuse an answer." It is involuntary, and inadmissible, if the suspect...
New Safeguards. More recently, two related decisions laid the groundwork for a ruling that even a voluntary confession might be inadmissible in state courts. In Gideon v. Wainwright (1963), the Sixth Amendment right to counsel was extended to all state criminal courts. In Malloy v. Hogan (1964), the Fifth Amendment...