“ We are not in a position, on the basis of mere suspicion, to hold the trial court in error and to conclude 'that this was a confession wrung from a child by means which the law should not sanction.' While coercion and intimidation in securing a confession should be unequivocally condemned and punished and their product invalidated, nevertheless such coercion should not be presumed to exist because of a mere suggestion or suspicion, in the face of contrary findings by the triers of fact. ”
Summary
“Haley v. Ohio — Dissent”, is a work by . It explores elements such as Haley, confession and testimony.
Quotes from Haley v. Ohio — Dissent ()
“ Self-serving perjury, however, must not be the passkey to a mandatory exclusion of the confession from use as evidence. It is for the trial judge and the jury, under the safeguards of constitutional due process of criminal law, to apply even-handed justice to the determination of the factual issues. To do this, they need every available lawful aid to help them test the credibility of the conflicting testimony. ”
“ The sole question here is the validity of the application of the Ohio procedure to the facts of this case. That application can be tested in this Court only under the great handicap of attempting to appraise, by use of the printed record, the action of the trial court and jury taken in the light of the living record. In connection with every confession that is unaccompanied by testimony as to how it was secured, all sorts of conditions may be conjectured as to the methods used to secure it. To rely upon conjecture, either in favor of or against the accused, is not justice. ”
