“Convictions following the admission into evidence of confessions which are involuntary, i. e., the product of coercion, either physical or psychological, cannot stand. This is so not because such confessions are unlikely to be true but because the methods used to extract them offend an underlying principle in the enforcement of our criminal law: that ours is an accusatorial and not an inquisitorial system — a system in which the State must establish guilt by evidence independently and freely secured and may not by coercion prove its charges against an accused out of his own mouth.”

Rogers v. Richmond, 365 U.S. 534, 540-41 (1961).
Judicial opinions

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Felix Frankfurter 67
American judge 1882–1965

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“Convictions following the admission into evidence of confessions which are involuntary, i.e., the product of coercion, either physical or psychological, cannot stand.”

Felix Frankfurter (1882–1965) American judge

Rogers v. Richmond, 365 U.S. 534, 540-41 (1961).
Judicial opinions
Context: Convictions following the admission into evidence of confessions which are involuntary, i. e., the product of coercion, either physical or psychological, cannot stand. This is so not because such confessions are unlikely to be true but because the methods used to extract them offend an underlying principle in the enforcement of our criminal law: that ours is an accusatorial and not an inquisitorial system — a system in which the State must establish guilt by evidence independently and freely secured and may not by coercion prove its charges against an accused out of his own mouth.

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“Now, if any fundamental assumption underlies our system, it is that guilt is personal and not inheritable.”

Robert H. Jackson (1892–1954) American judge

Dissenting in Korematsu v. United States, 323 U.S. 214, 242-45 (1944)
Judicial opinions
Context: Korematsu was born on our soil, of parents born in Japan. The Constitution makes him a citizen of the United States by nativity and a citizen of California by residence. No claim is made that he is not loyal to this country. There is no suggestion that apart from the matter involved here he is not law abiding and well disposed. Korematsu, however, has been convicted of an act not commonly a crime. It consists merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived.
A citizen's presence in this locality, however, was made a crime only if his parents were of Japanese birth. Had Korematsu been one of four - the others being, say, a German alien enemy, an Italian alien enemy, and a citizen of American-born ancestors, convicted of treason, but on parole - only Korematsu's presence would have violated the order. The difference between their innocence and his crime would result, not from anything he did, said, or thought, different than they, but only in that he was born of different racial stock.
Now, if any fundamental assumption underlies our system, it is that guilt is personal and not inheritable. Even if all of one's antecedents had been convicted of treason, the Constitution forbids its penalties to be visited upon him. But here is an attempt to make an otherwise innocent act a crime merely because this prisoner is the son of parents as to whom he had no choice, and belongs to a race from which there is no way to resign. If Congress in peace-time legislation should enact such a criminal law, I should suppose this Court would refuse to enforce it.

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“That miracles are things in themselves possible, must be allowed so long as it is evident that there is in nature a power equal to the working of them. And certainly the power, principle, or being, by whatever name it be denominated, which produced the universe, and established the laws of it, is fully equal to any occasional departures from them.”

General Conclusions, Part I : Containing Considerations addressed to Unbelievers and especially to Mr. Gibbon
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Context: That miracles are things in themselves possible, must be allowed so long as it is evident that there is in nature a power equal to the working of them. And certainly the power, principle, or being, by whatever name it be denominated, which produced the universe, and established the laws of it, is fully equal to any occasional departures from them. The object and use of those miracles on which the christian religion is founded, is also maintained to be consonant to the object and use of the general system of nature, viz. the production of happiness. We have nothing, therefore to do, but to examine, by the known rules of estimating the value of testimony whether there be reason to think that such miracles have been wrought, or whether the evidence of Christianity, or of the christian history, does not stand upon as good ground as that of any other history whatever.

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“Anybody may propose to establish coercive Eugenics; or enforce psychoanalysis — that is, enforce confession without absolution.”

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Context: Now there is any amount of this nonsense cropping up among American cranks. Anybody may propose to establish coercive Eugenics; or enforce psychoanalysis — that is, enforce confession without absolution.

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