Legal Definitions - Jackson–Denno hearing

A Jackson–Denno hearing is a specific type of court proceeding that takes place during a criminal trial, but crucially, it occurs outside the presence of the jury. Its primary purpose is for the judge to determine whether a confession made by the defendant was given voluntarily. If the judge concludes that the confession was indeed voluntary, it can then be presented as evidence to the jury. However, if the judge finds that the confession was involuntary—meaning it was coerced, forced, or not a product of the defendant's free will—then it cannot be used against the defendant at trial.

This hearing is named after the landmark 1964 U.S. Supreme Court case, Jackson v. Denno, which established the constitutional requirement for such a proceeding to ensure that only voluntary confessions are considered by a jury.

Here are some examples of when a Jackson–Denno hearing would be necessary:

• Example 1: Claims of Coercion or Threats

  Imagine a defendant, Mr. Henderson, is on trial for robbery. During the police investigation, he provided a written confession. However, his defense attorney argues that the police officers threatened to arrest Mr. Henderson's spouse for a minor, unrelated offense if he didn't confess to the robbery. Before the prosecution can present Mr. Henderson's confession to the jury, the judge would hold a Jackson–Denno hearing. In this hearing, the judge would hear testimony from Mr. Henderson and the officers involved to determine if the confession was truly voluntary or if it was coerced by the threat against his spouse.

• Example 2: Questions of Mental Capacity or Understanding

  Consider Ms. Chen, who has been charged with a white-collar crime. She signed a confession statement, but her defense attorney asserts that Ms. Chen has a significant intellectual disability and did not fully comprehend the Miranda warnings read to her or the complex legal language in the confession document. A Jackson–Denno hearing would be convened for the judge to assess Ms. Chen's mental capacity at the time of the confession and whether she understood her rights and the implications of her statement, thereby determining if her confession was voluntarily and knowingly made.

• Example 3: Allegations of Prolonged Interrogation or Deprivation

  Suppose Mr. Davies is accused of assault. He confessed to the crime after being interrogated for an extended period, perhaps 24 hours straight, without adequate food, water, or sleep. His attorney claims that Mr. Davies was severely exhausted and disoriented, leading him to confess simply to end the interrogation, rather than from a genuine desire to admit guilt. The judge would conduct a Jackson–Denno hearing to review the entire circumstances of the interrogation, including its duration and the conditions, to decide if Mr. Davies' confession was a voluntary act of free will or a product of duress and deprivation.