The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
say that he wants to tell his story, and if he does so without any
inducement, promises, or threats it may be admitted against him when the
trial comes. Otherwise not. To be admitted, it must appear to be
absolutely voluntary and of his own free will. If it appears that the
confession has been induced by promises of lighter sentence or “that it
will be easier for him”, or if any other inducement is used to get him to
consent to make his statement, such statement cannot be used in evidence
because of his constitutional guaranty. Many times I have seen the court
refuse to admit proof of an alleged confession of a defendant, and I could
see that the jury trying the case and the people sitting in the court room
were surprised that the judge would not admit such proof even when the
confession was signed by the defendant; but the jury and the people did
not happen to think of this constitutional provision. Perhaps they had
never heard of it. Every judge is sworn to uphold and defend the
Constitution. No judge can permit any provision of the Constitution to be
violated if he can help it. A man is on trial before him. A written
confession is offered in evidence to help convict him. The defendant’s
attorneys claim that the confession was not voluntary but was induced by
threats or promises. The court then makes inquiry and hears the witnesses
upon this question, and if the court finds that the confession was not the
voluntary act of the defendant, the same will be excluded because the
Constitution provides that no man “shall be compelled in any criminal case
to be a witness against himself”.
Let us turn again to the false accusation against your father. He is
charged with murder. He is on trial before a jury. The attorney for the
government pulls a paper out of his pocket and offers it in evidence. It
appears to be signed by your father. Your father’s attorney objects to
having it considered by the jury for the reason that the policemen took
your father into a cell in the jail, and threatened that they would beat
him with their clubs unless he would sign a paper telling how he committed
the offense, and that in terror he signed the paper. At this point, the
court would hear the statements of your father, and other evidence, and if
it appeared that there were any threats of any kind used to get your
father to sign the paper, it would not be admitted in evidence at all.
Your father would only claim his constitutional rights as an American, and
they would not be denied to him.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account