Tom C. Clark

“ In regard to these confessions, the test of voluntariness as evidenced by the 'totality of circumstances' leads the Court not to question them. Here there were no 'secret inquisitorial processes' or compulsion of any kind as the Court envisions in relation to the confession of January 7. The Court's only criticism is that petitioner 'would have no way of knowing what the consequences of his confession were without advice as to his rights * * *.' [3] The truth of the matter is that the singular circumstance pointed out by the Court has never been thought to render a confession inadmissible. ”

“ On January 7 the police department sent a man over to formalize the earlier confessions. Officer Miller, who took the confession, testified that he told petitioner of the possibility of a murder charge, warned him that he did not have to make a statement, and told him that he could have his parents and an attorney present if he desired. Petitioner indicated that he did not so desire and a formal confession was taken which was substantially identical to the statement given on January 2, as related by Officer Chism in his testimony. ”

“ The procedure used in Denver of filing a report with the juvenile judge and temporarily placing the offender in Juvenile Hall pending a hearing is in keeping with advanced procedures being followed with reference to juvenile offenders throughout the United States.↑ Indeed, no attorney was obtained for petitioner's trial in the juvenile court. ”