Rochin v. People of California, No. 83

CourtUnited States Supreme Court
Writing for the CourtFRANKFURTER
Citation96 L.Ed. 183,72 S.Ct. 205,342 U.S. 165
Decision Date02 January 1952
Docket NumberNo. 83
PartiesROCHIN v. PEOPLE OF CALIFORNIA

342 U.S. 165
72 S.Ct. 205
96 L.Ed. 183
ROCHIN

v.

PEOPLE OF CALIFORNIA.

No. 83.
Argued Oct. 16, 1951.
Decided Jan. 2, 1952.

Mrs. Dolly Lee Butler, A. L. Wirin, Los Angeles, Cal., for petitioner.

Mr. Howard S. Goldin, Los Angeles, Cal., for respondent.

Page 166

Mr. Justice FRANKFURTER delivered the opinion of the Court.

Having 'some information that (the petitioner here) was selling narcotics,' three deputy sheriffs of the County of Los Angeles, on the morning of July 1, 1949, made for the two-story dwelling house in which Rochin lived with his mother, common-law wife, brothers and sisters. Finding the outside door open, they entered and then forced open the door to Rochin's room on the second floor. Inside they found petitioner sitting partly dressed on the side of the bed, upon which his wife was lying. On a 'night stand' beside the bed the deputies spied two capsules. When asked 'Whose stuff is this?' Rochin seized the capsules and put them in his mouth. A struggle ensued, in the course of which the three officers 'jumped upon him' and attempted to extract the capsules. The force they applied proved unavailing against Rochin's resistance. He was handcuffed and taken to a hospital. At the direction of one of the officers a doctor forced an emetic solution through a tube into Rochin's stomach against his will. This 'stomach pumping' produced vomiting. In the vomited matter were found two capsules which proved to contain morphine.

Rochin was brought to trial before a California Superior Court, sitting without a jury, on the charge of possessing 'a preparation of morphine' in violation of the California Health and Safety Code 1947, § 11500. Rochin was convicted and sentenced to sixty days' imprisonment. The chief evidence against him was the two capsules. They were admitted over petitioner's objection, although the means of obtaining them was frankly set forth in the testimony by one of the deputies, substantially as here narrated.

On appeal, the District Court of Appeal affirmed the conviction, despite the finding that the officer 'were

Page 167

guilty of unlawfully breaking into and entering defendant's room and were guilty of unlawfully assaulting and battering defendant while in the room', and 'were guilty of unlawfully assaulting, battering, torturing and falsely imprisoning the defendant at the alleged hospital.' 101 Cal.App.2d 140, 143, 225 P.2d 1, 3. One of the three judges, while finding that 'the record in this case reveals a shocking series of violations of constitutional rights', concurred only because he felt bound by decisions of his Supreme Court. These, he asserted, 'have been looked upon by law enforcement officers as an encouragement, if not an invitation, to the commission of such lawless acts.' Ibid. The Supreme Court of California denied without opinion Rochin's petition for a hearing.1 Two justice dissented from this denial, and in doing so expressed themselves thus: '* * * a conviction which rests upon evidence of incriminating objects obtained from the body of the accused by physical abuse is as invalid as a conviction which rests upon a verbal confession extracted from him by such abuse. * * * Had the evidence forced from defendant's lips consisted of an oral confession that he illegally possessed a drug * * * he would have the protection of the rule of law which excludes coerced confessions from evidence. But because the evidence forced from his lips consisted of real objects the People of this state are permitted to base a conviction upon it. (We) find no valid ground of distinction between a verbal confession extracted by physical abuse and a confession wrested from defendant's body by physical abuse.' 101 Cal.App.2d 143, 149—150, 225 P.2d 913, 917—918.

Page 168

This Court granted certiorari, 341 U.S. 939, 71 S.Ct. 997, 95 L.Ed. 1366, because a serious question is raised as to the limitations which the Due Process Clause of the Fourteenth Amendment imposes on the conduct of criminal proceedings by the States.

In our federal system the administration of criminal justice is predominantly committed to the care of the States. The power to define crimes belongs to Congress only as an appropriate means of carrying into execution its limited grant of legislative powers. U.S.Const. Art. I, § 8, cl. 18. Broadly speaking, crimes in the United States are what the laws of the individual States make them, subject to the limitations of Art. I, § 10, cl. 1, in the original Constitution, prohibiting bills of attainder and ex post facto laws, and of the Thirteenth and Fourteenth Amendments.

These limitations, in the main, concern not restrictions upon the powers of the States to define crime, except in the restricted area where federal authority has pre-empted the field, but restrictions upon the manner in which the States may enforce their penal codes. Accordingly, in reviewing a State criminal conviction under a claim of right guaranteed by the Due Process Clause of the Fourteenth Amendment, from which is derived the most far reaching and most frequent federal basis of challenging State criminal justice, 'we must be deeply mindful of the responsibilities of the States for the enforcement of criminal laws, and exercise with due humility our merely negative function in subjecting convictions from state courts to the very narrow scrutiny which the Due Process Clause of the Fourteenth Amendment authorizes.' Malinski v. People of State of New York, 324 U.S. 401, 412, 418, 65 S.Ct. 781, 789, 89 L.Ed. 1029. Due process of law, 'itself a historical product,' Jackman v. Rosenbaum Co., 260 U.S. 22, 31, 43 S.Ct. 9, 67 L.Ed. 107, is not to be turned into a destructive dogma against the States in the administration of their systems of criminal justice.

Page 169

However, this Court too has its responsibility. Regard for the requirements of the Due Process Clause 'inescapably imposes upon this Court an exercise of judgment upon the whole course of the proceedings (resulting in a conviction) in order to ascertain whether they offend those canons of decency and fairness which express the notions of justice of English-speaking peoples even toward those charged with the most heinous offenses.' Malinski v. People of State of New York, supra, 324 U.S. at pages 416—417, 65 S.Ct. at page 789. These standards of justice are not authoritatively formulated anywhere as though they were specifics. Due process of law is a summarized constitutional guarantee of respect for those personal immunities which, as Mr. Justice Cardozo twice wrote for the Court, are 'so rooted in the traditions and conscience of our people as to be ranked as fundamental', Snyder v. Commonwealth of Massachusetts, 291 U.S. 97, 105, 54 S.Ct. 330, 332, 78 L.Ed. 674, or are 'implicit in the concept of ordered liberty'. Palko v. State of Connecticut, 302 U.S. 319, 325, 58 S.Ct. 149, 152, 82 L.Ed. 288.2

The Court's function in the observance of this settled conception of the Due Process Clause does not leave us without adequate guides in subjecting State criminal procedures to constitutional judgment. In dealing not with the machinery of government but with human rights, the absence of formal exactitude, or want of fixity of meaning, is not an unusual or even regrettable attribute of constitutional provisions. Words being symbols do not speak without a gloss. On the one hand the gloss may be the deposit of history, whereby a term gains technical content. Thus the requirements of the Sixth and Seventh Amendments for trial by jury in the federal

Page 170

courts have a rigid meaning. No changes or chances can alter the content of the verbal symbol of 'jury'—a body of twelve men who must reach a unanimous conclusion if the verdict is to go against the defendant.3 On the other hand, the gloss of some of the verbal symbols of the Constitution does not give them a fixed technical content. It exacts a continuing process of application.

When the gloss has thus not been fixed but is a function of the process of judgment, the judgment is bound to fall differently at different times and differently at the same time through different judges. Even more specific provisions, such as the guaranty of freedom of speech and the detailed protection against unreasonable searches and seizures, have inevitably evoked as sharp divisions in this Court as the least specific and most comprehensive protection of liberties, the Due Process Clause.

The vague contours of the Due Process Clause do not leave judges at large. 4 We may not draw on our merely personal and private notions and disregard the limits that bind judges in their judicial function. Even though the concept of due process of law is not final and fixed, these limits are derived from considerations that are fused in the whole nature of or judicial process. See Cardozo,

Page 171

The Nature of the Judicial Process; The Growth of the Law; The Paradoxes of Legal Science. These are considerations deeply rooted in reason and in the compelling traditions of the legal profession. The Due Process Clause places upon this Court the duty of exercising a judgment, within the narrow confines of judicial power in reviewing State convictions, upon interests of society pushing in opposite directions.

Due process of law thus conceived is not to be derided as resort to a revival of 'natural law.'5 To believe that this judicial exercise of judgment could be avoided by freezing 'due process of law' at some fixed stage of time or thought is to suggest that the most important aspect of constitutional adjudication is a function for inanimate machines and not for judges, for whom the independence safeguarded by Article III of the Constitution was designed and who are presumably guided by established standards of judicial behavior. Even cybernetics has not yet made that haughty claim. To practice the requisite detachment and to achieve sufficient objectivity no doubt demands of judges the habit of...

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2859 practice notes
  • Colgrove v. Battin 8212 1442, No. 71
    • United States
    • United States Supreme Court
    • June 21, 1973
    ...must inevitably imperil all the individual liberty safeguards specifically enumerated in the Bill of Rights.' Rochin v. California, 342 U.S. 165, 177, 72 S.Ct. 205, 212, 96 L.Ed. 183 (1952) (Black, J., concurring). See also Duncan v. Louisiana, 391 U.S. 145, 169, 88 S.Ct. 1444, 1457, 20 L.E......
  • Rogers v. Richmond, No. 40
    • United States
    • United States Supreme Court
    • March 20, 1961
    ...L.Ed. 716; Lisenba v. People of State of California, 314 U.S. 219, 236, 62 S.Ct. 280, 289, 86 L.Ed. 166; Rochin v. People of California, 342 U.S. 165, 172—174, 72 S.Ct. 205, 209—210, 96 L.Ed. 183; Spano v. People of State of New York, 360 U.S. 315, 320—321, 79 S.Ct. 1202, 1205 1206, 3 L.Ed.......
  • Ahmad v. Wigen, No. 89-CV-715.
    • United States
    • U.S. District Court — Eastern District of New York
    • September 26, 1989
    ...committed within its territory, it does govern the manner in which the United States may join the effort."). Cf. Rochin v. California, 342 U.S. 165, 172, 72 S.Ct. 205, 209, 96 L.Ed. 183 As pointed out in Section III A(1), supra, international custom and treaties limiting attacks on civilian......
  • Hawkins v. Freeman, No. 96-7539
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • March 26, 1999
    ...of ordered liberty.' " United States v. Salerno, 481 U.S. 739, 746, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987) (quoting Rochin v. California, 342 U.S. 165, 172, 72 S.Ct. 205, 96 L.Ed. 183 (1952), and Palko, 302 U.S. at 325-26, 58 S.Ct. 149) (citations omitted)(emphasis added). However, the Court......
  • Request a trial to view additional results
2849 cases
  • Colgrove v. Battin 8212 1442, No. 71
    • United States
    • United States Supreme Court
    • June 21, 1973
    ...must inevitably imperil all the individual liberty safeguards specifically enumerated in the Bill of Rights.' Rochin v. California, 342 U.S. 165, 177, 72 S.Ct. 205, 212, 96 L.Ed. 183 (1952) (Black, J., concurring). See also Duncan v. Louisiana, 391 U.S. 145, 169, 88 S.Ct. 1444, 1457, 20 L.E......
  • Rogers v. Richmond, No. 40
    • United States
    • United States Supreme Court
    • March 20, 1961
    ...L.Ed. 716; Lisenba v. People of State of California, 314 U.S. 219, 236, 62 S.Ct. 280, 289, 86 L.Ed. 166; Rochin v. People of California, 342 U.S. 165, 172—174, 72 S.Ct. 205, 209—210, 96 L.Ed. 183; Spano v. People of State of New York, 360 U.S. 315, 320—321, 79 S.Ct. 1202, 1205 1206, 3 L.Ed.......
  • Ahmad v. Wigen, No. 89-CV-715.
    • United States
    • U.S. District Court — Eastern District of New York
    • September 26, 1989
    ...committed within its territory, it does govern the manner in which the United States may join the effort."). Cf. Rochin v. California, 342 U.S. 165, 172, 72 S.Ct. 205, 209, 96 L.Ed. 183 As pointed out in Section III A(1), supra, international custom and treaties limiting attacks on civilian......
  • Hawkins v. Freeman, No. 96-7539
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • March 26, 1999
    ...of ordered liberty.' " United States v. Salerno, 481 U.S. 739, 746, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987) (quoting Rochin v. California, 342 U.S. 165, 172, 72 S.Ct. 205, 96 L.Ed. 183 (1952), and Palko, 302 U.S. at 325-26, 58 S.Ct. 149) (citations omitted)(emphasis added). However, the Court......
  • Request a trial to view additional results
4 books & journal articles
  • Equalizing Access to Evidence: Criminal Defendants and the Stored Communications Act.
    • United States
    • Yale Law Journal Vol. 131 Nbr. 5, March 2022
    • March 1, 2022
    ...assistance, and defense access to exculpatory evidence" are all related to "concerns regarding accuracy"). (237.) Rochin v. California, 342 U.S. 165, 172 (238.) Palko v. Connecticut, 302 U.S. 319, 324-25 (1937). Although Palko has been overruled, the Supreme Court and lower courts continue ......
  • The Overseas Exchange of Human Rights Jurisprudence: The U.S. Supreme Court in the European Court of Human Rights
    • United States
    • International Criminal Justice Review Nbr. 19-3, September 2009
    • September 1, 2009
    ...v. FCC, 395 US 367 (1969).Richardson v. Ramirez, 418 US 24 (1974).Robinson v. California, 370 U.S. 660 (1962).Rochin v. California 342 U.S. 165 (1952).Roe v. Wade, 410 U.S. 113 (1973).Rostker v. Goldberg, 453 U.S. 57 (1981).Schmerber v. California, 384 U.S. 757 (1966).Slaughter, Anne-Marie.......
  • The Judicial Theory of a Reasonable Public Servant
    • United States
    • Public Administration Review Nbr. 64-4, July 2004
    • July 1, 2004
    ...“only the mostegregious executive action can be said to be arbitrary inthe constitutional sense.” Relying on Rochin v. Califor-nia, 342 U.S. 165 (1952), the Court concluded in a unani-mous opinion that “the cognizable level of executive abuseof power is that which shocks the conscience.” Th......
  • Recent Legal Developments
    • United States
    • International Criminal Justice Review Nbr. 17-4, December 2007
    • December 1, 2007
    ...21 U.N.GAOR Supp. (No. 16) at 59, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 302, entered into force March 23, 1976.Rochin v. California, 342 U.S. 165 (1952).Roper v. Simmons, 543 U.S. 551, 624 (2005) (Scalia J. dissent).Rushing, E. J., Frautschi, L., Gher, J. M., Heindel, A., & Edman, A. (2007)......

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