Rogers v. Richmond 365 U.S. 534 (1961)
ROGERS v. RICHMOND 365 U.S. 534 (1961)
This is one of numerous cases prior to malloy v. hogan (1964) dealing with the question whether a confession was voluntary under a due process standard or coercive in violation of that standard. Rogers is significant because it was the first case in which the Court repudiated the test of trustworthiness as an element of the due process standard. Justice felix frankfurter, for a 7–2 Court, declared that even if a confession were true or reliable, it should be excluded from admission in evidence if involuntary. Our system is accusatorial, not inquisitorial, Frankfurter said, and therefore the state must establish guilt by evidence not coerced from the accused.
Leonard W. Levy