297 U.S. 278 (1936), 301, Brown v. Mississippi

Docket NºNo. 301
Citation297 U.S. 278, 56 S.Ct. 461, 80 L.Ed. 682
Party NameBrown v. Mississippi
Case DateFebruary 17, 1936
CourtUnited States Supreme Court

Page 278

297 U.S. 278 (1936)

56 S.Ct. 461, 80 L.Ed. 682




No. 301

United States Supreme Court

Feb. 17, 1936

Argued January 10, 1936



Convictions of murder which rest solely upon confessions shown to have been extorted by officers of the State by torture of the accused are void under the due process clause of the Fourteenth Amendment. Pp. 279, 285. 173 Miss. 542, 158 So. 339; 161 So. 465, reversed.

Page 279

HUGHES, J., lead opinion

MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court.

The question in this case is whether convictions which rest solely upon confessions shown to have been extorted by officers of the State by brutality and violence are consistent with the due process of law required by the Fourteenth Amendment of the Constitution of the United States.

Petitioners were indicted for the murder of one Raymond Stewart, whose death occurred on March 30, 1934. They were indicted on April 4, 1934, and were then arraigned and pleaded not guilty. Counsel were appointed by the court to defend them. T rial was begun the next morning, and was concluded on the following day, when they were found guilty and sentenced to death.

Aside from the confessions, there was no evidence sufficient to warrant the submission of the case to the jury. After a preliminary inquiry, testimony as to the confessions was received over the objection of defendants' counsel. Defendants then testified that the confessions were false, and had been procured by physical torture. The case went to the jury with instructions, upon the request of defendants' counsel, that, if the jury had reasonable doubt as to the confessions' having resulted from coercion, and that they were not true, they were not to be considered as evidence. On their appeal to the Supreme

Page 280

Court of the State, defendants assigned as error the inadmissibility of the confessions. The judgment was affirmed. 158 So. 339.

Defendants then moved in the Supreme Court of the State to arrest the judgment and for a new trial on the ground that all the evidence against them was obtained by coercion and brutality known to the court and to the district attorney, and that defendants had been denied the benefit of counsel or opportunity to confer with counsel in a reasonable manner. The motion was supported by affidavits. At about the same time, defendants filed in the Supreme Court a "suggestion of error" explicitly challenging the proceedings of the trial, in the use of the confessions and with respect to the alleged denial of representation by counsel, as violating the due process clause of the Fourteenth Amendment of the Constitution of the United States. The state court entertained the suggestion of error, considered the federal question, and decided it against defendants' contentions. 161 So. 465. Two judges dissented. Id., p. 470. We granted a writ of certiorari.

The grounds of the decision were (1) that immunity from self-incrimination is not essential to due process of law, and (2) that the failure of the trial court to exclude the confessions after the introduction of evidence showing their incompetency, in the absence of a request for such exclusion, did not deprive the defendants of life or liberty without due process of law, and that, even if the trial court had erroneously overruled a motion to exclude the confessions, the ruling would have been mere error reversible on appeal, but not a violation of constitutional right. Id., p. 468.

The opinion of the state court did not set forth the evidence as to the circumstances in which the confessions were procured. That the evidence established that they were procured by coercion was not questioned. The state

Page 281

court said:

After the state closed its case on the merits, the appellants, for the first time, introduced evidence from which it appears that the confessions were not made voluntarily, but were coerced.

Id., p. 466. There is no dispute as to [56 S.Ct. 463] the facts upon this point, and, as they are clearly and adequately stated in the dissenting opinion of Judge Griffith (with whom Judge Anderson concurred) -- showing both the extreme brutality of the measures to extort the confessions and the participation of the state authorities -- we quote this part of his opinion in full, as follows (Id. pp. 470, 471):

The crime with which these defendants, all ignorant negroes, are charged was discovered about one o'clock p.m. on Friday, March 30, 1934. On that night, one Dial, a deputy sheriff, accompanied by others, came to the home of Ellington, one of the defendants, and requested him to accompany them to the house of the deceased, and there a number of white men were gathered who began to accuse the defendant of the crime. Upon his denial, they seized him and, with the participation of the deputy, they hanged him by a rope to the limb of a tree, and, having let him down, they hung him again, and when he was let down the second time, and he still protested his innocence, he was tied to a tree and whipped, and still declining to accede to the demands that he confess, he was finally released and he returned with some difficulty to his home, suffering intense pain and agony. The record of the testimony shows that the signs of the rope on his neck were plainly visible during the so-called trial. A day or two thereafter, the said deputy, accompanied by another, returned to the home of the said defendant and arrested him, and departed with the prisoner towards the jail in an adjoining county, but went by a route which led into the State of Alabama, and while on the way, in that State, the deputy stopped and again severely whipped the defendant, declaring that he would continue the whipping

Page 282

until he confessed, and the defendant then agreed to confess to such a statement as the deputy would dictate, and he did so, after which he was delivered to jail.

The other two defendants, Ed Brown and Henry Shields, were also arrested and taken to the same jail. On Sunday night, April 1, 1934, the same deputy, accompanied by a number of white men, one of whom was also an officer, and by the jailer, came to the jail, and the two last named defendants were made to strip, and they were laid over chairs and their backs were cut to pieces with a leather strap with buckles on it, and they were likewise made by the said deputy definitely to understand that the whipping would be continued unless and until they confessed, and not only confessed, but confessed in every matter of detail as demanded by those present, and in this manner the defendants confessed the...

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