Hugo Black

Name: Jackson v. Denno — Dissent
Author: Hugo Black

Jackson v. Denno — Dissent

Summary

“Jackson v. Denno — Dissent”, is a work by Hugo Black. It explores elements such as voluntariness, New York and jury.

Quotes from Jackson v. Denno — Dissent (Hugo Black)

Hugo Black, Jackson v. Denno — Dissent

“ If, as the Court assumes, allowing the jury to pass on the voluntariness of a confession before the judge has done so will 'seriously distort' the jury's judgment, I fail to understand why its judgment would not be similarly distorted by its being allowed to pass on voluntariness after the judge has decided that question. Yet, of course, the jury passing on guilt or innocence must, under any fair system of criminal procedure, be allowed to consider and decide whether an offered confession is voluntary in order to pass on its credibility. ”

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Source: Wikisource

Hugo Black, Jackson v. Denno — Dissent

“ Does the Court's new rule allow the judge to decide voluntariness merely on a preponderance of the evidence? If so, this is a distinct disadvantage to the defendant. In fashioning its new constitutional rule, the Court should not leave this important question in doubt.
Finally, and even more important, the Court's new constitutional doctrine is, it seems to me, a strange one when we consider that both the United States Constitution and the New York Constitution (Art. I, § 2) establish trial by jury of criminal charges as a bedrock safeguard of the people's liberties. ”

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Source: Wikisource

Hugo Black, Jackson v. Denno — Dissent

“ I believe, however, that a full and fair reading of the cases listed below as following the New York rule will show that there is every reason to believe that many people have been convicted of crimes in those States with cases so classified after trials in which judges did not resolve factual issues and determine the question of voluntariness.
Judge hears all the evidence and then rules on voluntariness for purpose of admissibility of confession; jury considers voluntariness as affecting weight or credibility of confession. ”

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Source: Wikisource

Hugo Black, Jackson v. Denno — Dissent

“ And we have held that this provision means that coerced confessions cannot be used as evidence to convict a defendant charged with crime. See, e.g., Haynes v. Washington, 373 U.S. 503, 83 S.Ct. 1336; Chambers v. Florida, 309 U.S. 227, 60 S.Ct. 472; Brown v. Mississippi, 297 U.S. 278, 56 S.Ct. 461, 80 L.Ed. 682. It is our duty when a conviction for crime comes to us based in part on a confession to review the record to decide for ourselves whether that confession was freely and voluntarily given. ”

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Source: Wikisource

Hugo Black, Jackson v. Denno — Dissent

“ I think that the New York law here held invalid is in full accord with all the guarantees of the Federal Constitution and that it should not be held invalid by this Court because of a belief that the Court can improve on the Constitution.
The Fifth Amendment provides that no person shall in any criminal case be compelled to be a witness against himself. We have held in Malloy v. Hogan, 378 U.S. 1, 84 S.Ct. 1489, that the Fourteenth Amendment makes this provision applicable to the States. ”

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Source: Wikisource

Hugo Black, Jackson v. Denno — Dissent

“ Theoretical contemplation is a highly valuable means of moving toward improved techniques in many fields, but it cannot wholly displace the knowledge that comes from the hard facts of everyday experience. ”

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Source: Wikisource

Hugo Black, Jackson v. Denno — Dissent

“ United States, 268 F.2d 416, 420-421 (1959) . But cf. Pon Wing Quong v. United States, 111 F.2d 751, 757 (1940) ('orthodox' rule) .
Notes
↑ I am by no means suggesting that I believe that it is within this Court's power to treat as unconstitutional every state law or procedure that the Court believes to be 'unfair.'↑ The trial judge may set aside a verdict if he believes it to be 'against the weight of the evidence.' The state appellate courts exercise the same power and may set verdicts aside if for any reason they believe that 'justice requires' them to do so. See N.Y.Code Crim.Proc. ”

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Source: Wikisource

Hugo Black, Jackson v. Denno — Dissent

“ People v. Gonzales, 24 Cal.2d 870, 876-877, 151 P.2d 251, 254-255 (1944) ; People v. Appleton, 152 Cal.App.2d 240, 244, 313 P.2d 154, 156 (Dist.Ct.App.1957) (trial judge may follow Massachusetts rule after he has found confession to be voluntary) . Cf. People v. Childers, 154 Cal.App.2d 17, 20, 315 P.2d 480, 482 (Dist.Ct.App.1957) (states Massachusetts rule without qualification) .
DELAWARE: Wilson v. State, 10 Terry 37, 49 Del. 37, 48, 109 A.2d 381, 387 (1954) , cert. ”

Hugo Black

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