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9 Trial Judges J. 1 (1970)

handle is hein.journals/judgej9 and id is 1 raw text is: JANUARY 1970 Vol. 9, No. I .fr aio Exha g of th Naio a Co fre c of Stt Tra Ju g s I Quantum of Proof in Preliminary Proceedings to Determine Voluntariness of Confessions Judge Willard J. Roe Chairman's Corner Pre-Trial Publicity: An Aspect of the English Practice Sir George Coldstream Is the Automobile Accident Claim the Sole Culprit? Judge Donald T. Barbeau Committee Chairmen 1969-1970 Justice for Children Judge Clifton M. Kelly Pennsylvania Jury Instructions Wage Assignments in Aid of Family Support Orders Naomi S. Campbell Book Review The State Trial Judge's Book TABLE OF CONTENTS Contempt in Divorce Cases- Civil or Criminal? Judge Irving C. Iverson Page 1 Restraint of Personal Liberty Page 2 Without Lawful Arrest Rt. Hon. Sir Alfred North Page 4 Page Page Page 9 The Lighter Side Judge Temple Driver Judicial Selection: A Critique of Existing Methods and a New Proposal Delmar Karlen The Selection of Justices to the U.S. Supreme Court: Unfinished Constitutional Business Senator Sam J. Ervin, Jr. National Conference of Page 10 Special Court Judges Judge Tim Murphy Page 10 Page 11 I Object Surrogate Samuel J. Silverman Preventive Detention Abraham Markhoff QUANTUM OF PROOF IN PRELIMINARY PROCEEDINGS TO DETERMINE VOLUNTARINESS OF CONFESSIONS By JUDGE WILLARD J. ROE Superior Court, Spokane, Washington While Jackson v. Denno, 378 U.S. 368 (1964), may be a squeezed orange, as suggested by Justice William A. Grimes in his perceptive article in the Trial Judges' Journal of July, 1967, it is still being squeezed, possibly for juice which is not there. The opin- ions of various courts compel speculation of an eventual Su- preme Court decision of notable interest in view of new court personnel. Anticipating this trouble- Judge Witlard J. Roe some area, Justice Black's dis- sent in Jackson noted a trial jury may determine voluntariness if first the trial judge has fully and independently resolved the issue against the accused, pointing out (at pp. 404-5) that the majority did not state if the rule enunciated allows the judge to decide this fact on a preponderance of the evidence or requires proof beyond a reasonable doubt. Jackson declared it is the constitutional right of the defendant to have a fair hearing with procedures fully adequate to insure a reliable and clear-cut determination of the voluntariness of the confession. Sims v. Georgia, 385 U.S. 538 (1967) states that although the judge need not make formal findings of fact or write an opinion, his conclusion that the confession is voluntary must appear from the record with unmistakable clarity. There is no clear-cut, commanding view as to the degree of proof required of the trial judge respecting voluntariness of a confession before submission to a jury for its consideration. Unclear also is whether the jury need be specifically instructed by what standard it may (Continued on page 2) Trial Judges' Journal Page 12 Page 14 Page 16 Page 17 Page 19 Page 21 Page 21 Page 23

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