United States of America Ex Rel. Edward Bennett No. H-6720 v. Alfred T. Rundle, Warden of Eastern Correctional Institute, Graterford, Pa

I am in full agreement with the opinion of Judge Freedman in this case. However, I believe it is important to note another reason for concluding that a Jackson v. Denno hearing, whether held before or after the selection of a jury, is part of a public trial.

Where a Jackson v. Denno hearing is held, it is the only stage of the criminal proceeding in which the voluntariness of a confession may be constitutionally determined.1 The demands of due process are fully met when the trial judge initially and independently passes on the voluntariness of a confession regardless of the jury’s power in…