"It is anomalous to hold that in order to convict a man the police cannot extract by force what is in his mind, but can extract what is in his stomach"
About this Quote
Frankfurter’s line has the sting of a courtroom paradox: if the law recoils at forcing a confession, why does it tolerate forcing evidence out of someone’s body? The phrasing is surgical. “Anomalous” isn’t moral outrage; it’s a judge’s way of calling something intellectually indefensible. He frames the issue as a category error in constitutional logic, not a sentimental plea for criminal suspects.
The subtext is doing two jobs at once. First, it punctures the comforting fiction that physical evidence is “clean” while statements are “tainted.” A coerced confession is unreliable because pain and fear scramble truth. But Frankfurter is pushing a more unsettling point: coercion doesn’t become civilized just because it yields something tangible. If the state can violently reach into a person’s stomach, the difference between “investigation” and “assault” starts to look like semantics dressed up as procedure.
Context matters: this comes out of the era when the Supreme Court was slowly, unevenly defining what “due process” means in the real world of police stations and prisons. Frankfurter was often cautious about expanding constitutional rules, but here he’s alive to how legal systems legitimize brutality by slicing it into acceptable forms. The mind/body contrast is rhetorical bait: it forces the reader to admit that privacy and dignity aren’t just about thoughts or speech. They’re about the state’s claimed entitlement to a person, whole. In that light, the quote isn’t a quirky puzzle. It’s a warning about how democracies teach themselves to stomach coercion.
The subtext is doing two jobs at once. First, it punctures the comforting fiction that physical evidence is “clean” while statements are “tainted.” A coerced confession is unreliable because pain and fear scramble truth. But Frankfurter is pushing a more unsettling point: coercion doesn’t become civilized just because it yields something tangible. If the state can violently reach into a person’s stomach, the difference between “investigation” and “assault” starts to look like semantics dressed up as procedure.
Context matters: this comes out of the era when the Supreme Court was slowly, unevenly defining what “due process” means in the real world of police stations and prisons. Frankfurter was often cautious about expanding constitutional rules, but here he’s alive to how legal systems legitimize brutality by slicing it into acceptable forms. The mind/body contrast is rhetorical bait: it forces the reader to admit that privacy and dignity aren’t just about thoughts or speech. They’re about the state’s claimed entitlement to a person, whole. In that light, the quote isn’t a quirky puzzle. It’s a warning about how democracies teach themselves to stomach coercion.
Quote Details
| Topic | Justice |
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