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Bram v. United States

Supreme Court of the United States · 1897 · Criminal Procedure

Criminal ProcedureConfessionsSelf-IncriminationFifth Amendmentself-incriminationvoluntarinessconfessionimproper influence

Facts

After murders aboard the American ship Herbert Fuller on the high seas, Bram, the first officer, was put in irons by the crew and delivered to Halifax police custody. Before any examination by the American consul, a Halifax detective had Bram brought from prison to his office, stripped and searched him, and questioned him while alone with him. The detective told Bram that Brown had said he saw Bram commit the murder, and also said that if Bram had an accomplice he should say so rather than bear the blame alone. Over objection that the statements were not free and voluntary, the trial court admitted Bram's replies as a confession.

Issue

Whether Bram's statements to the detective while in custody were admissible as a voluntary confession. More specifically, the question was whether the circumstances and the detective's remarks showed compulsion or inducement within the meaning of the Fifth Amendment.

Rule

In criminal trials in the courts of the United States, the admissibility of a confession is controlled by the Fifth Amendment command that no person shall be compelled in any criminal case to be a witness against himself. A confession is admissible only if it is free and voluntary; it must not be extracted by threats or violence, obtained by direct or implied promises however slight, or produced by any improper influence. The inquiry is whether the making of the statement was voluntary, not whether particular parts of the statement were true or incriminating.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Federal agents in Portland, Maine arrested Noah Mercer on suspicion of killing a crewmember aboard a U.S.-flag vessel on the high seas. While Mercer was held in a locked interview room, Agent Lila Voss told him that another detained sailor had said he saw Mercer commit the killing, and Mercer replied, "He couldn't have seen me from the stern." The prosecution offers the reply as a confession because it places Mercer at the scene.

Should the statement be admitted in Mercer's federal murder trial?

Explanation. In federal criminal trials, admissibility of a confession is governed by the Fifth Amendment. A statement is admissible only if affirmatively shown to be free and voluntary, not extracted by threats, violence, direct or implied promises, or other improper influence. Under the majority's reasoning, telling a prisoner in custody that a co-suspect accused him creates pressure to respond, because silence may seem incriminating and denial offers hope of benefit. The fact that the statement is framed as a denial does not save it if the prosecution offers it as a confession.