Coercion

Question 1

Brown v. Mississippi (SCOTUS 1963)

Answer 1

In this case confessions were elicited from one defendant who was hanged, whipped, tied to a tree, and whipped further, and from other defendant who were whipped until they confessed the way the police wanted them to. The Court held that these confessions were not voluntary under the 14th amendment due process.

Question 2

Brown Test for Compelled/Coerced Confession

Answer 2

This is a test for coerced statements in non-custodial situations.
This is a totality of the circumstances test with three factors:
1. The individual characteristics of the accused (youth, education, intelligence, experience with the criminal legal system).
2. The actions of the police (physical deprivation, psychological pressure, warnings regarding rights)
3. The circumstances surrounding the confession.

Question 3

When is the Brown test used?

Answer 3

This test is used when the suspect is not in custody—custodial interrogations are protected by Miranda—and when they haven’t been formally charged yet—so do not have the right to an attorney.

Question 4

Spano v. New York (SCOTUS 1959)

Answer 4

In this case, the Court held that a confession was coerced using the Brown totality of the circumstances test.
1. The defendant was young, foreign born, uneducated, emotionally unstable, inexperienced with the criminal legal system.
2. The officers used his friend, who was a police officer in training, to lie to him to extract confession, he was questioned for 8 hours, despite his request for an attorney.
3. The police had a witness they could have used, they did not absolutely need the confession.