Ashcraft v. State of Tennessee

Not until 1940, in Chambers v Florida, did the Supreme Court acknowledge that psychological coercion could lead to involuntary confessions. Soon after that in Ashcraft v. State of Tennessee, the Court acknowledged that some situations were so inherently coercive that confessions gained from them were inadmissible because they were not voluntary. This case reflected the Court's desire to curb police abuse by refusing to admit coerced confessions, no matter how relevant the confession might be.

On 5 June 1941, Zelma Ida Ashcraft left her home in Memphis, Tennessee, to visit her mother in Kentucky. Mrs. Ashcraft set out about 3:00 a.m. Her car was discovered in the late afternoon a few miles outside of Memphis and her body was found in a slough nearby. At about 6:00 p.m. officers first talked to Mr. Ashcraft, the deceased's husband. He identified the body and was taken to the county jail, where he conferred with officers until about 2:00 a.m.; the officers got no clues from him. The officers also held and interrogated Ashcraft's maid and her friends. During the following week the officers investigated and spoke with Ashcraft several times, but they turned up no evidence.

On Saturday evening, 14 June, officers took Ashcraft into custody. They brought him to a fifth floor room of the Shelby County jail equipped with high-powered lights and other devices used in homicide investigations. The officers sat Ashcraft at a table with a light over his head and began to quiz him. They questioned him in relays until Monday morning, 16 June. From 7:00 p.m. on Saturday until 9:30 a.m. Monday, Ashcraft had no rest from questioning, totaling 36 hours of continuous grilling. At a hearing before a magistrate on Monday morning, Ashcraft pleaded not guilty. Ashcraft's version of the questioning contradicted the officers' version. Ashcraft stated that he was threatened and abused, that his eyes became blinded by the light, he became weary, and his nerves unbearably strained. He also stated that he never admitted knowledge of the crime or accused Tom Ware of the murder. The officers stated that they were kind and considerate and that Ashcraft was cool, calm, normal and that his eyes were not bloodshot and he did not appear tired. They also stated that after 28 hours of constant questioning, Ashcraft said that Ware overpowered him at his home, abducted Mrs. Ashcraft, and was probably the killer. The officers picked up Ware, a 20 year old African American, at about midnight. According to the officers, Ware made a self-incriminating statement early Monday morning and signed by mark a written confession saying that Ashcraft had hired him to commit the murder. The officers stated that this confession was read to Ashcraft, who admitted its truth in a detailed statement taken down by a reporter. The officers stated that when the statement was read to him at 9:30 a.m., Ashcraft affirmed its truth but refused to sign it, saying he wanted to consult his lawyer. The last episode was witnessed by several people brought in by the police.

Dr. McQuiston, the Ashcraft family doctor, was called in to examine Ashcraft and Ware. Ashcraft told the doctor he had been treated all right and did not complain about his eyes. The doctor testified that Ashcraft appeared normal. He also testified that Ashcraft told him that he had not been getting along with his wife for some time, that he had offered her a property settlement and that he offered Ware money to "make away with his wife." The doctor testified that Ashcraft's statement to him was entirely voluntary.

During the trial, the court noted that people might differ as to whether the confessions were voluntary and that it was a matter for the jury to decide. The jury was told that "if the verbal or written statements made by the defendants freely and voluntarily without fear of punishment or hope of reward, have been proven to you in this case, you may take them into consideration." The state supreme court stated that it was "unable to say that the confessions were not freely and voluntarily made." Tom Ware was found guilty of the murder in state court. Ashcraft was convicted as an accessory before the fact. Both men were sentenced to 99 years in the state penitentiary. The Supreme Court of Tennessee affirmed the convictions.