jackson denno argued decided june petitioner robbing hotel fatally wounded policeman received two bullet wounds questioned shortly arrival hospital admitted shooting robbery time later considerable loss blood soon given drugs interrogated admitted firing first shot policeman petitioner indicted murder statements admitted trial petitioner testimony differed important respects confessions accord new york practice voluntariness confession attacked trial submitted issue others jury jury told disregard confession entirely found involuntary determine guilt innocence solely evidence found confession voluntary determine truth reliability weigh accordingly jury found petitioner guilty first degree murder new york appeals affirmed denied certiorari petitioner filed petition writ habeas corpus asserting new york procedure determining voluntariness confession unconstitutional confession involuntary district denied petition appeals affirmed held new york procedure trial judge must make preliminary determination voluntariness confession exclude circumstances confession deemed voluntary evidence presents fair question voluntariness certain facts bearing issue dispute reasonable men differ inferences drawn undisputed facts judge must admit confession leave jury proper instructions determination voluntary character also truthfulness procedure provide adequate reliable determination voluntariness confession adequately protect petitioner right convicted use coerced confession therefore violative due process clause fourteenth amendment stein new york overruled pp deprivation due process law base conviction whole part coerced confession regardless truth even though may sufficient evidence support conviction defendant constitutional right fair hearing reliable determination voluntariness confession influenced truth falsity pp impossible tell whether trial jury found confession voluntary relied involuntary supposedly ignored accept alternatives fail protect rights accused pp new york procedure evidence given jury inevitably injects irrelevant impermissible considerations truthfulness confession assessment voluntariness alternatively danger confession found coerced plays part jury deliberations guilt innocence pp petitioner entitled state hearing issue voluntariness confession body one trying guilt innocence necessarily entitle new trial pp evidentiary hearing coercion issue determined confession voluntary admissible evidence new trial unnecessary determined hearing confession involuntary new trial confession excluded required daniel collins argued cause filed brief petitioner william siegel argued cause respondent brief edward silver justice white delivered opinion petitioner jackson filed petition habeas corpus federal district asserting conviction murder new york courts invalid founded upon confession properly determined voluntary writ denied supp appeals affirmed cir granted certiorari consider fundamental questions constitutionality new york procedure governing admissibility confession alleged involuntary june petitioner jackson nora elliott entered brooklyn hotel miss elliott registered telling miss elliott leave jackson drew gun took money room clerk ordered clerk several people upstairs room left hotel encounter miss elliott later policeman street struggle latter followed course men drew guns policeman fatally wounded petitioner shot twice body managed hail cab however took hospital detective questioned jackson soon arrival hospital jackson asked name said nathan jackson shot colored cop got drop also admitted robbery hotel according detective jackson strong condition despite wounds jackson given milligrams demerol grain scopolamine immediately thereafter assistant district attorney presence police officers hospital personnel questioned jackson interrogation recorded stenographer jackson shot liver lung time lost cc blood jackson admitted robbery hotel said look ca go response questions admitted shooting policeman fired first shot interview completed operation upon petitioner begun completed jackson miss elliott indicted murder first degree tried together statements made jackson introduced evidence without objection jackson counsel jackson took stand defense account robbery shooting policeman differed important respects confession according jackson testimony substantial interval time leaving hotel shooting policeman attempted draw gun first fired first shot questioning hospital jackson recalled pain gasping breath time refused water told let alone police answers wanted knew interrogated remember neither questions answers counter jackson suggestion pressured answering questions state offered testimony attending physician several persons agreed jackson refused water impending operation rather refusal answer questions doctor jackson counsel help hospital records elicited fact demerol scopolamine administered jackson immediately interrogation effect drugs jackson interrogation denied although jackson counsel specifically object admission confession initially trial indicated awareness jackson counsel questioning circumstances jackson interrogated closing argument jackson counsel ask acquittal verdict murder manslaughter counsel main effort negative premeditation intent necessary murder separate robbery felony killing made much testimony tending show substantial interval leaving hotel beginning struggle policeman details struggle testimony indicating policeman fired first shot also stressed consistent new york practice question raised voluntariness confession trial submitted issue jury along issues case jury told found confession involuntary disregard entirely determine guilt innocence solely evidence case alternatively found confession voluntary determine truth reliability afford weight accordingly jury found jackson guilty murder first degree miss elliott manslaughter first degree jackson sentenced death miss elliott prison term jackson conviction affirmed new york appeals remittitur amended show necessarily passed upon voluntariness confession found jackson constitutional rights violated certiorari denied jackson filed petition habeas corpus claiming new york procedure determining voluntariness confession unconstitutional event confession involuntary hearing argument examining state record district denied petition without holding evidentiary hearing indicating trier fact must determine truth testimony prisoner official alike resolve conflicts testimony found clear conclusive proof statements extorted given involuntarily constitutional infirmity found new york procedure supp appeals noting conflicting testimony concerning coercion issue apparently accepting state version facts affirmed conviction ii axiomatic defendant criminal case deprived due process law conviction founded whole part upon involuntary confession without regard truth falsity confession rogers richmond even though ample evidence aside confession support conviction malinski new york stroble california payne arkansas equally clear defendant constitutional right stage proceedings object use confession fair hearing reliable determination issue voluntariness determination uninfluenced truth falsity confession rogers richmond supra view new york procedure employed case afford reliable determination voluntariness confession offered evidence trial adequately protect jackson right free conviction based upon coerced confession therefore withstand constitutional attack due process clause fourteenth amendment therefore reverse judgment denying writ habeas corpus iii new york rule trial judge must make preliminary determination regarding confession offered prosecution exclude circumstances confession deemed voluntary evidence presents fair question voluntariness certain facts bearing issue dispute reasonable men differ inferences drawn undisputed facts judge must receive confession leave jury proper instructions ultimate determination voluntary character also truthfulness stein new york issue coercion presented judge may resolve conflicting evidence arrive independent appraisal voluntariness confession one way matters must leave jury procedure significant impact upon defendant fourteenth amendment rights jurisdictions following orthodox rule judge solely finally determines voluntariness confession following massachusetts procedure jury passes voluntariness judge fully independently resolved issue accused judge conclusions clearly evident record since either admits confession evidence voluntary rejects involuntary moreover findings upon disputed issues fact expressly stated may ascertainable record contrast new york jury returns general verdict upon ultimate question guilt innocence impossible discover whether jury found confession voluntary relied upon involuntary supposedly ignored indication jury resolved disputes evidence concerning critical facts underlying coercion issue indeed nothing show matters resolved one way uncertainties inherent new york procedure aptly described stein new york petitioners suffer disadvantage inseparable issues raise procedure produce definite open separate decision confession issue cloaked general verdict petitioners know result really attacking method trying coercion issue jury informative disposition sometimes record permits guess inference evidence guilt strong reviewing learn whether final result receive reject confessions evidence guilt perhaps serious practical cause dissatisfaction absence assurance confessions serve makeweights compromise verdict jurors accepting confessions overcome lingering doubt guilt others rejecting finding doubts satisfied evidence yet others perhaps never reaching separate definite conclusion confessions returning unanalytical impressionistic verdict based heard notwithstanding acknowledged difficulties inherent new york procedure stein found constitutional deprivation defendant proceeded conclusion basis alternative assumptions regarding manner jury might resolved coercion issue either jury determined disputed issues fact accused found confession voluntary therefore properly relied upon found contested facts favor accused deemed confession involuntary event disregarded confession accordance instructions adjudicated guilt based solely evidence either assumption found error judgment state disagree stein addition sweeping aside express doubts jury acted confession matter think failed take proper account dangers accused rights either alternative assumptions assumption jury found confession voluntary concluded properly judgment arrived assumptions jury actually found disputed issues fact accused findings reliably arrived accordance considerations permissible proper federal law additional assumptions view unsound new york jury given evidence going voluntariness corroborating evidence showing confession true defendant committed crime jury may therefore believe confession believe defendant committed act charged circumstance may seriously distort judgment credibility accused assessment testimony concerning critical facts surrounding confession cases without confession evidence insufficient defendant convicted jury believes confession finds involuntary jury however may find difficult understand policy forbidding reliance upon coerced true confession policy divided past see stein new york supra issue may reargued jury room trustworthy confession must also voluntary used generates natural potent pressure find voluntary otherwise guilty defendant goes free objective consideration conflicting evidence concerning circumstances confession becomes difficult implicit findings become suspect danger matters pertaining defendant guilt infect jury findings fact bearing upon voluntariness well conclusion upon issue sufficiently serious preclude unqualified acceptance upon review regardless whether sufficient evidence sustain finding guilt jackson case confessed fired first shot matter relevant charge first degree murder jury also heard evidence eyewitnesses shooting jackson testimony going physical mental condition confessed events took place time bearing upon issue voluntariness disputed prosecution obvious serious danger jury disregarded disbelieved jackson testimony pertaining confession believed done precisely charged failure inquire reliability jury resolution disputed factual considerations underlying conclusion voluntariness findings afforded decisive weight stein mere oversight stemmed premise underlying stein opinion exclusion involuntary confessions constitutionally required solely inherent untrustworthiness coerced confession followed premise reliable true confession need rejected involuntary evidence corroborating truth falsity confession guilt innocence accused indeed pertinent determination coercion issue approach stein drew sharp dissent justice frankfurter admonished considerations truth falsity admissions put aside determining question coercion issue must decided without regard confirmation details confession reliable evidence determination must influenced irrelevant feeling certitude accused guilty crime confessed weight attributed impermissible consideration truth falsity entering connecticut trial deliberations concerning admissibility confessions may well distorted putting improper perspective even findings historical fact consideration reliability element constitutionally precluded precisely force carried trial judge known new york procedure evidence given jury inevitably injects irrelevant impermissible considerations truthfulness confession assessment voluntariness indeed jury told determine truthfulness confession assessing probative value consequence assumed stein assumed jury reliably found facts accused unsound assumption undermines stein authority precedent view constitutionality new york procedure admixture reliability voluntariness considerations jury entitle defendant proceedings case essential facts disputed determine jury resolved issues assume reliably properly resolved accused reliable determination voluntariness issue satisfies constitutional rights defendant permit jury consider confession adjudicating guilt innocence rest ground alone alternative hypothesized stein jury found confession involuntary disregarded equally unacceptable new york procedure fact defendant confession solidly implanted jury mind heard confession instructed consider judge voluntariness position assess whether true false finds confession involuntary jury indeed disregard confession accordance instructions lingering doubts sufficiency evidence jury unconsciously lay rest resort confession uncertainty sufficiency evidence prove guilt beyond reasonable doubt actually result acquittal jury knows defendant given truthful confession difficult impossible prove confession jury found involuntary nevertheless influenced verdict finding voluntariness course took affected evidence showing confession true new york procedure poses substantial threats defendant constitutional rights involuntary confession entirely disregarded coercion issue fairly reliably determined hazards ignore reflected cases police conduct requiring exclusion confession evolved acts clear physical brutality refined subtle methods overcoming defendant recognized coercion mental well physical blood accused hallmark unconstitutional inquisition number cases demonstrated demonstration needed efficiency rack thumbscrew matched given proper subject sophisticated modes persuasion blackburn alabama iv turn consideration disposition case since jackson given adequate hearing upon voluntariness confession must given one remaining inquiry scope hearing provide case facts concerning circumstances surrounding confession undisputed task judge voluntariness confession based upon clearly established facts accordance proper constitutional standards substantial facts dispute jackson said pain wounds gasping breath unable talk long state witness described jackson strong condition despite wounds according jackson police told water left alone gave answers authorities desired verbal threats denied state whereas jackson claimed affected drugs administered state evidence drugs neither effect upon whether jackson entitled relief depends upon facts resolved state believed say jackson confession involuntary whereas jackson version facts accepted confession involuntary inadmissible already said jackson entitled reliable resolution evidentiary conflicts case upon direct review jackson conviction proceed review assumption disputes resolved favor state held unable tell jury resolved matters even jury resolve jackson findings infected impermissible considerations accordingly controlling cf rogers richmond supra likewise federal habeas corpus face unreliable state procedure justified disposing petition solely upon basis undisputed portions record least townsend sain require full evidentiary hearing determine factual context jackson confession given however think proceedings jackson entitled occur initially state courts rather federal habeas corpus jackson trial comport constitutional standards entitled determination voluntariness confession state courts accordance valid state procedures state also entitled make determination considers case direct review petition habeas corpus filed federal district disposition rogers richmond supra case coming denial habeas corpus ascertained trial error constitutional dimension state defendant opportunity issues may determinative guilt tried state judge state jury appropriate state procedures conform requirements fourteenth amendment state weighty interest valid federal constitutional criteria applied administration criminal law courts juries require federal judge exercising habeas corpus jurisdiction attempt combine within proper functions judge jury state trial ask approximate sympathies defendant peers make rulings state trial judge might make potentially prejudice state defendants claiming federal rights functions belong state machinery administration state criminal law obviously state free give jackson new trial chooses us impose requirement outcome new hearing voluntariness known comport interests sound judicial administration proper relationship federal state courts assume new york afford jackson hearing consistent requirements due process indeed new york thought affording jackson hearing without support decisions submitted issue voluntariness jury adjudicated guilt practical desirable cases tried hereafter proper determination voluntariness made prior admission confession jury adjudicating guilt innocence jackson already convicted seeks collateral relief say constitution requires new trial soundly conducted collateral proceeding confession admitted trial fairly determined voluntary accordingly judgment denying petitioner writ habeas corpus reversed case remanded district allow state reasonable time afford jackson hearing new trial failing jackson entitled release reversed remanded appendix opinion georgia downs state admissible evidence involuntariness offered preliminary examination garrett state admission prima facie showing voluntariness required showing satisfied testimony voluntariness contradicted coker state confession excluded trial judge even though testimony defendant coerced idaho state van vlack idaho primarily trial determine admissibility confession state dowell idaho state andreason idaho question voluntariness primarily determination trial state nolan idaho judge must determine freely voluntarily made admission michigan people crow question voluntariness jury people preston confession first ruled voluntary preliminary examination trial question jury people cleveland involuntariness issue carefully scrutinized confession excluded involuntary conflict evidence matter jury minnesota state schabert evidence creates issue fact trustworthiness issue submitted jury proper instructions citing wilson new york pennsylvania massachusetts cases state nelson judge finds confession admissible jury also allowed pass question voluntariness missouri state statler evidence conflicting issue close preliminary hearing issue tried trial trial judge jury may pass upon additional evidence adduced trial state phillips state bradford trial obliged submit question jury substantial evidence showing confession voluntary issue close trial may decide question additional evidence adduced trial ohio burdge state ohio st matters preliminary admission evidence doubt matter may leave question jury relying massachusetts case state powell ohio app appeal dismissed ohio cert denied trial judge disbelieves defendant testimony voluntariness may leave issue jury preliminary hearing presence jury discretionary oregon state bodi judge discretion may determine voluntariness allow jury decide whether confession voluntary trustworthy state nunn trial judge finally determine whether confession voluntary determine whether state proof warrants finding voluntariness jury consider voluntariness determining weight afforded confession pennsylvania commonwealth senk confession determined conditionally admissible preliminary hearing commonwealth ross cert denied trial preliminary hearing jury applied proper standard determining confession voluntary trial added question one fact jury commonwealth spardute state evidence shows confession voluntary matter jury coercive practices inducing false confession render inadmissible south carolina state bullock appeal dismissed trial judge decides confession admissible jury may pass question voluntariness state livingston cert denied state scott question judge first instance judge doubtful evidence conflicting jury necessarily final arbiter south dakota state hinz may resolve question one way doubtful leave jury state nicholas procedure discretionary trial judge frequent practice trial judge decide question voluntariness state montgomery question voluntariness may submitted jury evidence conflicting texas marrufo state tex cr confession inadmissible matter law odis state tex cr proper trial judge find confession admissible matter law recognize issue regard voluntariness jury consideration bingham state tex cr reversible error fail pass admissibility confession since defendant entitled judgment matter trial judge disbelieves evidence going involuntariness confession admitted wisconsin state bronston issue trustworthiness confession jury pollack state unless confession wholly untrustworthy submitted jury wyoming expression wyoming found clay state wyo dictum said jury may pass question admissions appear voluntary evidence conflicting difficulty classification exists federal judicial circuits cases new york practice said followed generally instances defendant declines offer evidence preliminary examination government shown confession voluntary see hayes cir cert denied echeles cir cert denied leviton cir trial judge finds confession voluntary anthony supp opinions courts appeals various circuits indicate follow massachusetts orthodox procedure see gottfried cir cert denied lustig cir cert denied mchenry cir andrews cir cert denied leonard cir smith cir shores cir denny cir cert denied kemler cir murphy cir cert denied appeals district columbia however seem sanction variation new york practice requirement judge hold full preliminary hearing defendant may testify outside presence jury clear trial judge must find admitting confession submitting issue voluntariness jury sawyer app wright app confession found voluntary issue jury although apparently recent cases appeals sixth circuit appears follow new york practice anderson rev mcbryde footnotes confession reads pertinent part follows meet officer street happened met said fight upstairs insisted go got best get best know judo threw yeah gun giving judo holster threw ground pull gun holster shoulder threw ground gun went gun got mine first point gun yeah say told hero many shots fire officer know one yeah fired first police officer beat many times fire know twice probably go fall yeah shot know knew shot ground fired gun properties medications described way healy tell us time demerol prescribed records stated given well put sleep demerol doctor well make dopey make dopey one atropine atropine healy atropine oh atropine scopolamine doctor dries secretion dries secretion witness throat pharynges upper respiratory tract redirect examination schor doctor told us demerol makes person dopey right yes sir long take time administered patient feels effect well manifests action fifteen minutes injected fifteen minutes later fifteen minutes later healy person good health took demerol effect different much different person instance shot liver report shows time healthy person mean doctor yes sir report record shows lost cc blood asking make difference time think judge healy raised point sedation kind administered patient healy kind therefore going contend confession weight law requires purpose healy correct two one statement another statement one statement police one statement district attorney healy lentini hearing reporter taken time say mental condition make statement healy correct correct healy correct determine confession statement offered determine jackson made determine true determine accurate may use law still says must find voluntary prosecution burden proving voluntary confession defendant merely comes forward suggestion involuntary burden upon prosecution show voluntary law confession even true accurate involuntary admissible left jury determine whether voluntary decision final say involuntarily obtained goes case say voluntarily made weight submitting question fact determine whether statement made jackson allegedly made jackson whether voluntary confession whether true accurate decision decide rules gave voluntary true accurate may use give weight feel give decide involuntary exclude case consider event must go evidence case see whether guilt jackson established satisfaction outside confession beyond reasonable doubt determine jackson made confession true confession determined evidence decide gotten influence fear produced threats decision reject repeat burden proving accuracy truth voluntariness confession always rests upon prosecution issue raised whether instructions stated adequate correct federal standard determining voluntariness jackson confession see people weiner people leyra people doran people leyra supra new york rule judge required exclude jury hears evidence voluntariness perhaps allowed people brasch people randazzio raise question concerning massachusetts procedure jurisdictions following rule judge hears confession evidence resolves evidentiary conflicts gives answer coercion issue rejecting confessions deems involuntary admitting believes voluntary latter confessions heard jury may procedure disagree judge find confession involuntary ignore given integrity preliminary proceedings judge massachusetts procedure opinion pose hazards rights defendant known views jury new york rule jury hear confessions fair question voluntariness judge actually independently determines voluntary based upon evidence judge consideration voluntariness carried separate aside issues reliability confession guilt innocence accused without regard fact issue may raised jury decided defendant record show judge conclusions regard findings upon underlying facts may express ascertainable record confession properly found voluntary judge reconsideration issue jury course improperly affect jury determination credibility probativeness confession ultimate determination guilt innocence federal judicial circuits neatly classified accordance three procedures many cases difficult ascertain published appellate opinions whether new york massachusetts procedure variant either followed jurisdictions apparently leave matter entirely discretion trial others state rule differently different occasions still others deal voluntariness terms trustworthiness said matter jury approach light recent decision rogers richmond may make cases doubtful authority difficulties annotators commentators attempted definitive classifications jurisdictions following massachusetts procedure separate following new york practice see alr alr meltzer involuntary confessions allocation responsibility judge jury chi rev wigmore evidence ed formal distinction new york massachusetts procedures often blurred appellate opinions either procedure trial faced objection admissibility confession must rule objection must determine whether jury hear challenged confession controlling question different two procedures since courts require ultimate submission voluntariness issue jury refer necessity judicial determination without specifying character sometimes difficult determine two procedures approved meltzer supra jurisdictions appears unclear appellate opinions whether massachusetts new york procedure used trial listed appendix may urged commitment system jury trial presupposes acceptance assumptions jury follows instructions make separate determination voluntariness issue disregard supposed disregard commitment generally presupposes judge apply exclusionary rules permitting evidence submitted jury meltzer involuntary confessions allocation responsibility judge jury chi rev see also wigmore evidence ed case confession induced physical mental coercion deserves special mention protection orthodox rule massachusetts doctrine affords accused major value fair consideration evidence upon preliminary question essential consideration truth untruth confession immaterial due process law requires coerced confession excluded consideration jury also requires issue coercion tried unprejudiced trier regardless pious fictions indulged courts useless contend juror heard confession uninfluenced opinion truth falsity rule excluding coerced confession rule excluding hearsay whatever may said orthodox reasoning exclusion ground probable falsity fact considerations call exclusion coerced confession call protection every citizen whether fact guilty guilty rule exclusion emasculated admitting evidence giving jury instruction every judge lawyer knows obeyed morgan problems proof system litigation eliance coerced confession vitiates conviction confession combines persuasiveness apparent conclusiveness judicial experience shows illusory deceptive evidence forced confession false foundation conviction evidence obtained illegal search seizure wire tapping larceny may often utmost verity police lawlessness therefore may void state convictions forced confessions noted stein detailed confessions corroborated throughout evidence felt necessary recount context confessions obtained summary whole testimony premise veracity confession highly pertinent voluntariness also gleaned statements opinion response objection new york procedure deterred testimony defendant facts surrounding obtaining confession stated open free violence threat defendants obliged admit incriminating facts might bear credibility claim facts admitted police response beating rogers dealt situation state trial judge state applied legal standard voluntariness incorporated reliability confession relevant determinant voluntariness whereas issue jury explicitly instructed consider reliability deciding whether jackson confession admissible although noted jury clearly told consider element jury indeed told necessarily consider element determining weight given confession issues probativeness voluntariness discrete different policy underpinnings often confused see note infra regardless explicit instructions however think likelihood forbidden considerations enter jury deliberations great us ignore new york procedure jury asked resolve issue voluntariness state carried burden proof issue defendant guilt thus matters pertaining defendant guilt including matters corroborative confession fully explored trial see morgan note supra question credibility confession distinguished admissibility submitted jury jurisdictions following orthodox massachusetts new york procedure since evidence surrounding making confession bears credibility evidence presented jury orthodox rule issue voluntariness competency confession issue weight questions admissibility evidence traditionally questions credibility whether witness confession jury trial courts direct verdict defendant issues involving credibility nothing opinion course touches upon ordinary rules evidence relating impeachment finding confession voluntary prior admission affects instructions jury view reliability confession finding preliminary hearing evidence obtained illegal search affects instructions jury view probativeness evidence failure distinguish discrete issues voluntariness credibility frequently reflected opinions declare province resolve questions admissibility confessions questions admissibility evidence province jury determine issues credibility approve trial submission voluntariness question jury meltzer involuntary confessions allocation responsibility judge jury chi rev another assumption stein criminal conviction stand despite introduction coerced confession sufficient evidence sustain finding guilt confession tentatively submitted jury assumption also related view use involuntary confessions constitutionally proscribed solely illusory trustworthiness also rejected decisions clear reversal follows confession admitted evidence found involuntary regardless possibility jury correctly followed instructions determined confession involuntary haynes washington spano new york payne arkansas leyra denno see rideau louisiana hesitate hold without pausing examine particularized transcript voir dire examination members jury due process law case required trial jury drawn community people seen heard rideau televised interview see also delli paoli government windfall jury influenced evidence defendant matter law consider put minds dissenting opinion justice frankfurter relating use confession limiting instructions krulewitch naive assumption prejudicial effects overcome instructions jury cf blumenthal practicing lawyers know unmitigated fiction see skidmore baltimore ohio concurring opinion justice jackson relating limiting instructions concerning use declarations shepard leviton cir certiorari denied morgan functions judge jury determination preliminary questions fact harv rev meltzer involuntary confessions allocation responsibility judge jury chi rev obstacles reliable fair determination voluntariness new york procedure result ordinary rules relating impeachment although case accused may well deterred testifying voluntariness issue jury present vulnerability impeachment proof prior convictions broad whose prejudicial effects familiar fear impeachment extensive presence jury pass guilt innocence well voluntariness may induce defendant remain silent although perhaps source testimony facts underlying claim coercion occurs determination voluntariness made upon less relevant evidence cf carignan also see gallegos colorado culombe connecticut spano new york fikes alabama watts indiana turner pennsylvania harris south carolina wilson early confession case trial judge first ruled voluntariness confession submitting issue jury procedure governing admissibility federal courts stated follows conflict evidence whether confession voluntary decides admissible question may left jury direction reject confession upon whole evidence satisfied voluntary act defendant commonwealth preece mass held carignan reversible error federal refuse defendant opportunity testify judge presence jury facts surrounding obtaining confession claimed involuntary explicitly followed holding smith defendant asserted deprivation preliminary hearing admissibility judge trial rejected solely trial judge already held hearing issue passing pretrial motion suppress evidence whether trial judge another judge another jury convicting jury fully resolves issue voluntariness matter concern extent agree stein free allocate functions judge jury see fit reject jackson alternative claim even undisputed evidence record shows confession involuntary state version facts accepted jackson ready coherent responses brief questioning police unaffected drugs threats coercive behavior part police apparently strong condition time despite two bullet wounds compare townsend sain rogers richmond rogers richmond supra upon finding state trial judge applied wholly erroneous standard voluntariness ordered new trial alternative disposition urged rejected case evidentiary hearing federal district appear considered possibility limited initial hearing state new trial dependent upon outcome hearing except stein new york supra procedure invalidated herein questioned confession cases decided spano new york read stein holding confession found involuntary reverse ground jury might found involuntary might relied also see thomas arizona lyons oklahoma wilson cf carignan think clear defendant entitled opportunity testify absence jury facts surrounding confession involuntary confession inadmissible wilson evidence pertinent inquiry admissibility might material determinative refusal admit testimony reversible error justice black justice clark joins part opinion dissenting part concurring part stein new york sustained constitutionality new york procedure jury rather trial judge resolves disputed questions fact voluntariness confessions offered defendants charged crime think holding correct adhere dissented affirmance convictions stein dissent went points assuredly dissent doubts state constitutional power criminal case let jury new york decide question confession voluntariness fact far troubled constitutionality either state federal government declare jury trying defendant charged crime compelled accept without question trial factual finding confession voluntarily given whatever might judge view voluntariness confession jury passing defendant guilt innocence judgment entitled hear determine voluntariness confession along factual issues verdict must rest rests challenge reliability jury verdicts field belief unfair defendant therefore unconstitutional question voluntariness confession submitted jury trial judge first canvassed matter completely made final decision confession voluntary new york although pointed stein supra trial judge much power consider question jury final verdict entered rule like holds constitutionally required actual practice reduce number confessions submitted juries obviously advantage defendant whose alleged confession reason excluded even assuming power fashion rule still unable conclude possible advantage defendants reason enough create new constitutional rule striking new york practice another reason given invalidating new york rule inherently unfair therefore unconstitutional permit jury pass voluntariness since jury even though finding confession coerced may nevertheless unwilling follow instruction disregard may also believe confession true defendant guilty guilty person allowed escape punishment possibility nature inherent confession human possibility present perhaps much judges jurors course statistics available probably none gathered accurately reporting whether extent judges juries affected says may though able cite support holding prior cases suggesting new york practice unfair defendants must held unconstitutional refer commentators made suggestion none commentators appears gathered factual data support thesis appear arguments rooted actual trial criminal cases theoretical contemplation highly valuable means moving toward improved techniques many fields wholly displace knowledge comes hard facts everyday experience mind amiss recall new york method submitting question voluntariness jury without first definitive ruling judge century history behind appears cases procedure used district columbia puerto rico approved federal practice see smith compare wilson approved six appeals circuits fourteen appear require determinations voluntariness trial jury another require trial judge first decide question voluntariness purposes admissibility submit question jury consider determining credibility weight yet matter label particular state gives rule matter purpose rule says jury may consider confession voluntariness clear end let jury pass question voluntariness whether deciding admissibility credibility note opinion indicates state may still new constitutional rule announced today permit trial jury determine voluntariness first trial judge fully independently resolved issue accused ante words constitution requires judge make finding jury power pass voluntariness mere matter grace something constitutionally required assumes allowing jury pass voluntariness confession judge done seriously distort jury judgment fail understand judgment similarly distorted allowed pass voluntariness judge decided question yet course jury passing guilt innocence must fair system criminal procedure allowed consider decide whether offered confession voluntary order pass credibility obvious new rule confession come jury judge explicit implicit stamp approval find hard say jury greatly influenced actually coerced trial judge saying convinced confession voluntary course may decide otherwise like another disadvantage defendant new rule failure say anything burden proving voluntariness new york rule apparently always put state burden convincing jury beyond reasonable doubt confession voluntary see stein new york supra people valletutti said new constitutional rule requires judge decide voluntariness also imposes state burden proving fact beyond reasonable doubt new rule allow judge decide voluntariness merely preponderance evidence distinct disadvantage defendant fashioning new constitutional rule leave important question doubt finally even important new constitutional doctrine seems strange one consider constitution new york constitution art establish trial jury criminal charges bedrock safeguard people liberties reasons given downgrading trial jury appear challenge soundness founders great faith jury trials implicit constitutional requirements jury trial belief juries trusted decide factual issues stating obvious fact reliable determination voluntariness issue satisfies constitutional rights defendant ante emphasis supplied concludes however jury finding question tainted inherent unreliability making judgment unreliability juries believe overlooks fact constitution long ago made decision juries trusted today holding means hundreds prisoners state new york convicted kind trial says unconstitutional fairly said state prisoners convicted least listed appendix opinion federal prisoners convicted federal judicial circuits listed appendix certainly voluntariness confessions passed jury violation fourteenth amendment says jackson state federal prisoners already convicted procedure holding fay noia entitled release unless federal government still willing able prosecute convict cf doughty maxwell pickelsimer wainwright disruptive effect today decision administration criminal justice throughout country undoubtedly great today holding even day old relied vacate convictions cases arizona pennsylvania texas new york district columbia nevertheless thought submitting issue voluntariness jury really denied kind trial commanded constitution hesitate reverse ground even meant overturning convictions instead reasons already stated impossible believe permitting jury alone pass factual issues voluntariness violates constitution attempts two different places guarantee trial jury wide difference apparent holding constitutional power change state trial procedures belief fair constitutional provision gives lawmaking power assume although opinion clear point basis holding due process law clause fourteenth amendment appears follow judicial philosophy relied clause strike laws procedures many fields judicial belief unfair contrary concept ordered liberty shock conscience come within various vague appealing catch phrases see betts brady rochin california palko connecticut see also cases collected adamson california dissenting opinion repeatedly objected use due process clause give judges wide unbounded power whether cases involving criminal procedure see betts brady supra dissenting opinion cf gideon wainwright economic legislation see ferguson skrupa believe due process law applies trials means held chambers florida trial according law land including constitutional guarantees explicit necessarily implied explicit language valid laws enacted pursuant constitutionally granted powers see also adamson california supra dissenting opinion think new york law held invalid full accord guarantees federal constitution held invalid belief improve constitution ii fifth amendment provides person shall criminal case compelled witness held malloy hogan ante fourteenth amendment makes provision applicable held provision means coerced confessions used evidence convict defendant charged crime see haynes washington chambers florida brown mississippi duty conviction crime comes us based part confession review record decide whether confession freely voluntarily given must reexamine facts certain constitutional violation inquiry determine facts constitutional rights depend cut factfindings trial whether judge jury blackburn alabama payne arkansas cf ex rel toth quarles present case undisputed evidence showed petitioner committed robbery hotel new york ran place get away accosted policeman words shot policeman died petitioner caught cab went directly hospital arriving response question admitted shot policeman lost considerable amount blood serious gunshot wounds liver one lung awaiting operation began hour later lasted two hours given doses demerol scopolamine sedative relaxing effects time hospital policemen counsel present friends immediately demerol scopolamine given assistant district attorney stenographer arrived time questioned assistant district attorney thirsty asked water denied either testified get water confessed state witnesses testified hospital rule give water preoperative patients situation condition gave answer questions confession used iii instead reversing entire new trial gives new york reasonable time judge hold new hearing including taking new testimony determine whether confession voluntary even accept holding new york rule unconstitutional agree brother clark jackson entitled complete new trial action makes use technique recently invented shotwell mfg defendant subjected piecemeal prosecution dissenting opinion think said shotwell fragmentizing process violates spirit constitutional protection double jeopardy even infringe technically shotwell use piecemeal procedure justified called peculiar circumstances case case demonstrates availability usefulness shotwell device sustaining convictions denying defendants new trial facts heard together apparent use confined exceptional cases think shotwell wrong overruled extended appendix opinion justice black rules followed determine voluntariness confessions brother harlan commentators field aptly pointed rules stated decisions always clear cases may room doubt precisely procedure state follows believe however full fair reading cases listed following new york rule show every reason believe many people convicted crimes cases classified trials judges resolve factual issues determine question voluntariness wigmore orthodox rule judge hears evidence rules voluntariness purpose admissibility confession jury considers voluntariness affecting weight credibility confession colorado read people downey people osborn people fincher people see bruner people seems state massachusetts rule see roper people approves bruner also quotes osborn people supra case clearly stating orthodox rule connecticut state buteau cert denied state mccarthy florida leach state cert denied graham state bates state illinois people miller cert denied people fox indiana caudill state ind kansas state seward state curtis kentucky rev stat cooper commonwealth bass commonwealth cert denied herd commonwealth louisiana state freeman la state kennedy la state wilson la aff mississippi jones state miss brooks state miss ellis state miss montana state rossell mont state dixson mont state sherman mont new mexico state armijo state ascarate appeal dismissed cf state armijo dictum trial judge may discretion follow massachusetts rule north carolina state outing state davis cert denied north dakota state english state nagel state kerns tennessee tines state cert denied wynn state cf boyd state humph utah state braasch utah cert denied state mares utah state crank utah vermont state blair state watson state long virginia durrette commonwealth campbell commonwealth jackson commonwealth washington state moore state holman west virginia state vance state brady ii new york rule factual conflict evidence voluntariness reasonable men differ judge leaves question voluntariness jury district columbia wright app catoe app mcaffee app app cert denied cf sawyer app georgia downs state garrett state coker state bryant state iowa state jones iowa state hofer iowa state johnson iowa michigan people crow people preston minnesota state schabert new york rule although also cites new york rule massachusetts rule cases missouri state goacher state bridges state laster mo cert denied cf state statler question voluntariness confession submitted jury substantial conflicting evidence issue issue close accord state phillips state gibilterra mo new york people pignataro people weiner people doran ohio evidence voluntariness conflicting trial judge may discretion follow new york rule otherwise may follow orthodox rule burdge state ohio state powell ohio app appeal dismissed ohio cert denied state hensley ohio abs oregon state bodi state nunn pennsylvania commonwealth senk vacated remanded authority present case sub nom senk pennsylvania post commonwealth oister super vacated remanded authority present case sub nom oister pennsylvania post commonwealth ross cert denied commonwealth spardute puerto rico people fournier people declet south carolina state bullock appeal dismissed state livingston cert denied state scott south dakota state nicholas state montgomery question voluntariness confession submitted jury evidence submitted conflicting leaving mind question competency confession cf state hinz texas harris state vacated remanded authority present case sub nom harris texas post lopez state vacated remanded authority present case sub nom lopez texas post marrufo state tex cr odis state tex cr newman state tex cr cert denied gipson state tex cr ward state tex cr rev another point sub nom ward texas cf bingham state tex cr perhaps massachusetts rule wisconsin state bronston pollack state wyoming clay state wyo iii massachusetts humane rule judge hears evidence rules voluntariness allowing confession evidence finds confession voluntary jury instructed must also find confession voluntary may consider arizona state hudson state pulliam state hood state johnson see state federico vacated remanded authority present case sub nom owen arizona post state owen vacated remanded authority present case sub nom owen arizona post state preis cert denied seem state follow new york rule california people bevins cal people crooker cal aff sub nom crooker california people gonzales cal people appleton cal app dist app trial judge may follow massachusetts rule found confession voluntary cf people childers cal app dist app massachusetts rule without qualification delaware wilson state del cert denied hawaii territory young haw semble territory alcosiba haw semble idaho state van vlack idaho cf state dowell idaho state andreason idaho seem state orthodox rule maine state robbins state grover maryland parker state md presley state md cert denied hall state md linkins state md smith state md cf grammer state md cert denied jones state md peters state md nicholson state md disapproved later cases appear state orthodox rule massachusetts commonwealth sheppard mass commonwealth preece mass nebraska cramer state neb schlegel state neb cf gallegos state neb semble aff another point sub nom gallegos nebraska new hampshire state squires seems hold trial judge may discretion follow massachusetts rule otherwise may follow orthodox rule new jersey state tassiello state smith cert denied oklahoma williams state cr lyons state cr aff another point sub nom lyons oklahoma wood state cr cf cornell state cr pressley state cr rowan state cr cases appear state orthodox rule nevertheless cited approval group decisions rhode island state boswell state mariano appendix opinion justice black rules followed federal judicial circuits determine voluntariness confessions wigmore orthodox rule fifth circuit andrews cert denied schaffer wagner cert denied cf duncan cert denied patterson appear state massachusetts rule tenth circuit mchenry cert denied cf ruhl supp wyo aff appears follow massachusetts rule ii new york rule third circuit anthony supp quotes discretionary rule wilson supra seems apply new york rule cites pennsylvania cases following sixth circuit anderson rev another point mcbryde seventh circuit echeles cert denied cohen cf murphy cert denied appears state orthodox rule eighth circuit hayes cert denied shores district columbia circuit pea app vacated remanded authority present case post muschette app vacated remanded authority present case post wright app catoe app mcaffee app app cert denied cf sawyer app iii massachusetts rule ninth circuit leonard semble smith cf pon wing quong orthodox rule law nevada point apparently settled although state williams appeared establish orthodox rule nevada state fouquette cert denied stated question still open williams case decided trial judge fouquette case applied massachusetts rule see wigmore evidence ed means suggesting believe within power treat unconstitutional every state law procedure believes unfair trial judge may set aside verdict believes weight evidence state appellate courts exercise power may set verdicts aside reason believe justice requires see code crim proc morgan functions judge jury determination preliminary questions fact harv rev meltzer involuntary confessions allocation responsibility judge jury chi rev survey rule various federal judicial circuits see appendices see appendix see appendix opinion indicates judge make statement jury holding constitutionally impermissible judge tell jury decided confession voluntary one thing read decisions field however far persuaded many judge admit confession along statement voluntary new york art also provides defendant may waive trial jury crime charged may punishable death mcnerlin denno post trial new york muschette post cir pea post cir owen arizona post catanzaro new york post del hoyo new york post lathan new york post oister pennsylvania post senk pennsylvania post harris texas post lopez texas post see also berman post dissenting opinion justice clark dissenting examines validity fourteenth amendment new york procedure determine voluntariness confession however read record new york procedure invoked trial attacked appeal properly us new york procedure providing preliminary hearing set motion validity questioned objection made admissibility confession clear counsel petitioner trial lawyer years trial experience criminal courts including service bench object introduction statements made petitioner ask preliminary hearing contention circumstances sedation went weight statements admissibility shown state doctor dialogue bench thereafter even dialogue petitioner counsel never made motion strike statements objection use jury challenged weight given shown failure raise constitutionality new york practice time verdict thereafter motion new trial raised passed upon new york appeals amended remittitur shows constitutional questions passed upon whether confession coerced whether judge erred failing instruct jury determining voluntary nature confession consider physical condition time thereof still strikes new york rule procedure approved stein new york trial judge opportunity pass upon statements objection raised hearing requested agree defendant objecting admission confession entitled fair hearing however see reaches strikes rule invoked therefore applicable case reaching question apparently relies fay noia case seems turned legal mother hubbard fail see govern situation seems imply new york procedure injects irrelevant impermissible considerations truthfulness confession assessment voluntariness think judge clearly covered charge determine confession statement offered determine jackson made determine true determine accurate may use law still says must find voluntary prosecution burden proving voluntary confession even trial judge instructed jury consider truth falsity order new trial rogers richmond supra appeals directed hold case reasonable time order give state opportunity retry petitioner emphasis supplied strikes new york procedure tells new york retry petitioner merely trial judge hold hearing admissibility confession enter definitive determination issue massachusetts rule cure error finds present trial err making grievous error amending new york rule requiring new york apply ex post facto without benefit full trial surely reasoning petitioner entitled new trial believing constitutionality new york rule ripe decision dissent error join brother harlan dissent unanswerable judge healy raised point sedation kind administered patient healy kind therefore going contend confession weight law requires purpose healy correct two one statement another statement one statement police one statement district attorney well one police hour like know one district attorney hour healy one police schor police detective kaile two get statement healy statement raised point statement taken district attorney mr postal yes healy lentini hearing reporter taken time say mental condition make statement healy correct correct healy correct confession admission accused admissible evidence unless made freely voluntarily influence promises threats fact confession procured employment artifice deception exclude confession calculated say artifice deception calculated procure untrue statement motive person confessing importance provided particular confession result threats fear promises made persons actual seeming authority object evidence get truth trick device tendency produce confession except one accordance truth render confession inadmissible rules surround use confession designed put operation desire expressed law confession used probably true confession justice harlan justice clark justice stewart join dissenting even broadest view restrictive effect fourteenth amendment thought open doubt free allocate trial issues whether criminal civil cases judge jury deemed best holds however new york practice leaving jury resolution reasonably disputed factual issues surrounding criminal defendant allegation confession coerced violates due process held constitution permits submission question coercion trial jury preceded determination voluntariness trial judge another judge another jury concerned ultimate issue guilt innocence make one bow federalism opinion new york need retry jackson rather federal habeas corpus finds accordance new ground rules confession voluntary doubt whether new york jackson original trial faithfully followed teachings applicable find much comfort gesture today holding surprising recently held precisely opposite stein new york implicitly accepted constitutionality new york rule payne arkansas note spano new york respectfully dissent narrow issue case swept carried along conclusion wake broader constitutional doctrines presently stake new york follow like procedure contest tacitly disregard either two axioms commences argument ante pp open dispute disputed coerced confession may part basis conviction question criminal defendant entitled fair hearing reliable determination claim confession coerced true issue simply whether new york procedure implementing two undoubted axioms within framework trial practice falls standards fair play federal constitution demands new york method testing claim coercion described opinion ante pp requires trial judge reject confession verdict freely made weight evidence people leyra heart procedure however reliance upon jury resolve disputed questions fact concerning circumstances confession made facts permitting different conclusions left jury proper submission say whether coercion choice jury rather determination issue coercion root general preference submission jury disputed issues fact preference found expression state legislative determination see new york code criminal procedure practice state followed early day long line cases people doran see cases cited therein thus statutory enactment well undeviating judicial approbation new york evinced deliberate procedural policy one may wonder strike state policy without giving moment attention origins justification core decision unwillingness entrust jury exceedingly sensitive task ante determining voluntariness confession particular hypothesizes variety ways jury wittingly may disregarded instructions comes two possibilities jury base determination confession voluntary belief true despite belief confession involuntary jury rely confession basis concluding defendant guilty course possibilities new york practice effect jury system work intended possibilities working system nevertheless produce wrong result distrust jury system area criminal law stands curious contrast many pages reports right trial jury extolled every context affords queer basis indeed new departure federal regulation state criminal proceedings repeatedly rejected speculation jurors disregarded clear instructions arriving verdict opper ground reversing conviction fortiori reason adopting generally particular trial practice theory trial relies upon ability jury follow instructions ibid two past cases especially show foreign premises today decision principles hitherto accepted matter course leland oregon appellant charged murder first degree defense insanity conformity applicable state law trial judge instructed jury although appellant charged murder first degree might determine committed lesser crime included charged instructed plea guilty put issue every material necessary element lesser degrees homicide well offense charged indictment jury returned five verdicts guilty murder first degree found beyond reasonable doubt appellant killing purposely deliberate premeditated malice guilty murder second degree found beyond reasonable doubt appellant killing purposely maliciously without deliberation premeditation guilty manslaughter found beyond reasonable doubt appellant killing without malice deliberation upon sudden heat passion caused provocation apparently sufficient make passion irresistible guilty careful consideration evidence remained minds reasonable doubt existence necessary elements degree homicide guilty reason insanity found beyond reasonable doubt appellant insane time offense charged omitted instructions charge whole make clear burden proof guilt necessary elements guilt placed squarely upon state jury told burden shift rested upon state throughout trial according instructions appellant presumed innocent jury convinced beyond reasonable doubt guilty jurors consider separately issue legal sanity per se issue set apart crime charged introduced special plea decided special verdict issue appellant burden proof statute question footnotes omitted appeal appellant argued instructions may confused jury distinction state burden proving premeditation elements charge appellant burden proving insanity responded think charge jury clear instructions juries ordinarily reasonably respect state burden proof upon elements crime charge particularly emphatic juries centuries made basic decisions guilt innocence criminal responsibility legal insanity upon basis facts revealed evidence law explained instructions detailing legal distinctions placement weight burden proof effect presumptions meaning intent etc think condemn operation system condemn system generally prepared ibid loss understand refused recognize possibility jury inadequacy leland accept possibility basis reversing judgment case involving far simpler questions fact easily understood instructions premise invalidating state rule criminal procedure general application resting entirely rational state policy long standing true leland condemn operation jury system condemn system generally ibid second case delli paoli petitioner tried jointly four federal authorities federal crime government introduced evidence confession another defendant made conspiracy ended therefore used petitioner jury warned confession admitted charge considered confessor codefendants fact however reason repeated express references petitioner extensive corroborative detail confession implicated petitioner completely confessor rejecting petitioner contention admission confession reversible error said basic premise jury system law jury jury applies law facts jury finds unless proceed basis jury follow instructions instructions clear circumstances jury reasonably expected follow jury system makes little sense based faith jury endeavor follow instructions system jury trial produced one valuable practical mechanisms human experience dispensing substantial justice danger jury unable unwilling follow instructions course confined joint trials trials involving special issues insanity admissibility confession arises whenever evidence admissible one purpose inadmissible another jury admonished may consider evidence respect former moffett arabian american oil broadly arises every time counsel trial judge misspeaks trial judge instructs jury disregard heard carr standard oil short fears guide opinion grow nature jury system jury waywardness occurs ordinarily trench rights fundamental criminal justice right convicted use coerced confession presence constitutional claim case however provide valid basis distinguishing situations discussed least suggestion opinion nature claim anything trustworthiness evidence involved since rule entirely unconnected reliability confession delli paoli leland cases amply attest factual issues underlying constitutional claims necessarily beyond jury competence issues underlying claims albeit nevertheless equally vital concern defendant involved finally delli paoli tried federal courts general supervisory authority administration criminal justice mcnabb obviating suggestion power act lacks situations show acts inconsistently prior decisions course demonstrate acts incorrectly instance however constant refusal past accept rationale decision dangers jury incompetence condemn system generally leland supra demonstrate lack constitutional foundation decision hardly suggested rationale consistently recently rejected even basis exercise supervisory powers federal courts even attack much disregard furnishes clear constitutional warrant alone justifies interference state criminal procedures ii hollowness holding evidenced acceptance massachusetts rule see ante pp note trial judge decides question voluntariness decides defendant submits question jury independent decision whatever theoretical variance practice new york massachusetts rules likely show distinction without difference indeed commentators sometimes courts unable see two distinct rules finds significance fact massachusetts rule judge conclusions clearly evident record findings upon disputed issues fact expressly stated may ascertainable record ante pp difficult see wherein significance lies judge conclusions admission exclusion confession confession admitted findings fact ascertained realistically either effect review conviction constitutional correctness serve buttress independent conclusion confession coerced indeed unless judge findings fact stated particularity massachusetts rule indistinguishable new york rule standpoint federal direct collateral review constitutional question whichever procedure used reviewing required give weight state determination reverse confessions coerced matter law see lisenba california payne arkansas heart supposed distinction requirement massachusetts rule judge resolve disputed questions fact actually determine issue coercion new york rule judge decides whether jury determination voluntariness weight evidence see supra since exclusion confession conclusive massachusetts rule likely doubt situation theoretical difference two rules come play trial judge resolve doubt favor admissibility relying final determination jury fundamental rights part due process turn nice theoretical distinctions existing new york massachusetts rules iii disagreement majority concern wisdom new york procedure may abstract problems created leaving jury question coercion weigh heavily traditional use jury system may free allocate functions judge jury see fit stein supra like stein believe authority strike unconstitutional procedures long established widely approved state judiciaries regardless personal opinion wisdom ibid principle alone relevant founded solid constitutional approach loss serious disservice healthy working federal system criminal field forgotten country citizens must look almost exclusively protection crimes charged responsibility marking area criminal conduct discovering investigating conduct occurs preventing recurrence case example crime charged murder policeman attempting apprehend defendant flight armed robbery wholly within cognizance limitations exercise responsibility prevent criminal conduct imposed demonstrable adjustment competing interests infringes rights fundamental decent society new york rule held unconstitutional surely character iv final word said separate question application today new federally imposed rule criminal procedure trials long since concluded apparently assumes answer question find nothing opinion suggest holding applied retroactively say new york without support decisions ante tried jackson according existing rules give state due rules directly considered explicity approved stein seven years jackson tried implicitly reaffirmed spano supra little one year trial concept due process little stability case suggests sure one year next name due process require surely entitled least heard question retroactivity see dissenting opinion pickelsimer wainwright affirm whether permit trial jury render special verdict issue coercion found confession involuntary go hear evidence determine question guilt unclear see ante pp indeed petition certiorari review judgment new york appeals denied petitioner even challenge constitutionality new york procedure trial indictment crime libel questions law decided saving right defendant except questions fact jury although jury power find general verdict includes questions law well fact bound nevertheless receive law laid question sufficiency trial judge instructions case full complexity revealed even passage quoted since law permitted two different verdicts guilty murder first degree difference inclusion recommendation punishment total six possible verdicts submitted jury consideration leland oregon supra commonwealth sheppard mass majority proclaims inability distinguish clearly follow rule found constitutionally required see ante pp note appendix opinion rules listed doubtful annotations alr alr recognize two general practices dividing voluntariness solely orthodox rule ante voluntariness ultimately jury jurisdictions listed doubtful massachusetts new york listed jurisdictions question ultimately jury see also ritz years state criminal confession cases lee rev although recognizing difference two rules professor ritz distinctions different views may semantical real omitted asks trial judge finding new york view confession involuntary may go jury much different trial judge finding massachusetts view confession voluntary jury given opportunity pass question meltzer involuntary confessions allocation responsibility judge jury chi rev distinction rules defended author formal distinction new york massachusetts procedures often blurred appellate opinions sometimes difficult determine two procedures approved whether distinction two even recognized omitted point new york rule way knowing whether jury addressed specially coerced confession issue point simply raises fear jury error discussed first section opinion like ante reject petitioner contention looking undisputed evidence confession must deemed involuntary matter law