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[C]onvictions following the admission into evidence of confessions which are involuntary, i.e., the product of coercion, either physical or psychological, cannot stand. This is so not because such confessions are unlikely to be true but because the methods used to extract them offend an underlying principle in the enforcement of our criminal law: that ours is an accusatorial and not an inquisitorial system-a system in which the State must establish guilt by evidence independently and freely secured and may not by coercion prove its charges against an accused out of his own mouth.

Felix Frankfurter#13

LawJusticeRightsCoercionConfessionEvidence

About this quote

What does it mean?
Convictions based on forced confessions are invalid because the legal system should rely on independent evidence, not coercion.
In plain terms
Forced confessions are invalid because the state must prove guilt with outside evidence.
What can you take from it?
Guilt must be proven without coercion.

Where it applies

  • criminal trials
  • police investigations
  • court proceedings

Putting it to work

  • reject coerced evidence
  • gather independent proof
  • protect accused rights

Questions to consider

  • Why are coerced confessions unacceptable?
  • How should guilt be proven?

Another view

It may be harder to convict guilty people without some forms of pressure.

More from Felix Frankfurter

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  2. The mode by which the inevitable is reached is effort.

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  3. Lincoln's appeal to 'the better angels of our nature' failed to avert a fratricidal war. But the compassionate wisdom of Lincoln's first and second inaugurals …

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