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

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Trial Judges' Journal

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