Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Supreme Court — Part 7
Page 30
30 / 107
6.4
5.
fact that the defendants were confined and questioned in
a hostile atmosphere. There must have been some purpose
in the court's calling attention to these circumstances.
If they were absolutely irrelevant to its decision the
Court either would not have brought them out, or else
would heve indicated that they were not pertinent to the
result.
The decisions may be construed, therefore, as
holding that if a defendant is held too long before being
brought before a comrissioner under harsh and hostile
circumstances end subjected to whet may be considered as
ill-treatment, then a confession obteined duriug such an
interval will be inadmissible in evidence, even without
proof of actual duress. It seems to me that it is impossible
to determine actually what the court decided in these cases, -
whether it intended to enunciate the general broad proposition
suggested above, or whether its decision is the more narrow
one as just indicated. The opinions are somewhet ambiguous
on that point.
It does not seem to me that as a practical matter
the Federal Bureau of Investigation is called upon to change
its practice on the basis of these decisions. My understand-
ing is that the Bureau always brings its prisoners before a
commissioner within a reasonable time, unless the prisoner
in writing waives such appearance,
Reveal the original PDF page, then click a word to highlight the OCR text.
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
letter
bureau
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic