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Brown v Mississippi

Facts

Two persons – Henry Shields and Ed Brown - were each convicted of having committed

a felony – murder. However, the exclusive evidence tendered against them in court was their

personal confessions which were procured after some violent interrogation.

Procedural History

The celebrated case of Brown v. Mississippi began at the trial court of the state of

Mississippi where the defendants were pronounced guilty before an appeal was made for the

Supreme Court of the same state. At the appellate level, the verdict of the trial court was

sustained but was crushed for want of due process at the apex court – the US Supreme Court.

Issue

The issue then lies whether convictions, that depend exclusively on confessions

demonstrated to have been produced by extortions from the state officers by violence and

brutality, are in tandem with the due process of law needed by the 14th Amendment of the

Constitution.

Rule

The Due Process clause of the 14th Amendment becomes violated the moment a

confession which was gotten through physical torture has been utilized in convicting a defendant.

Application

It was contended that following Twining v. New Jersey, the exception from mandatory

self-incrimination in states’ courts does not become secured by whatever part of the Federal
Constitution. Also, relying on Snyder v. Massachusetts, it was held that the US Supreme Court

discovered the privilege towards self-incrimination may be taken away and the accused may be

put on the stand as a state witness. However, it was opined by the majority that compulsion by

torturing to produce a confession remains a different subject. Therefore, it was concluded that the

trial court remain fully advised about the available evidence of how the confessions were

produced. Thus, the conviction as well as sentence remain void for lack of the suitable elements

of due process, and the proceeding thus remained vitiated and may be challenged in whatever

reasonable way.

Conclusion

The case fully shows how federal constitutional rights are usually applicable to the states

via the 14th Amendment Due Process Clause. The US Supreme Court set aside the verdict

convicting the defendants. The freedom of the state to check the courts’ procedure was restricted

by the due process requirements. Overtly, the proceedings became vitiated by the absence of the

proper characters of due process and may be challenged in any suitable way.
References

Brown v. Mississippi. 297 U.S. 278, 56 S. Ct. 461, 80 L. Ed. 682, 1936 U.S. LEXIS 527 (U.S.

Feb. 17, 1936)

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