Does a claim of involuntariness under the Fifth Amendment have to include coercion?
California, United States of America
The following excerpt is from People v. Tabron, A144079 (Cal. App. 2018):
claims of involuntariness emphasize that defendant's particular psychological state rendered him open to coercion, this court has noted that '[t]he Fifth Amendment is not "concerned with moral and psychological pressures to confess emanating from sources other than official coercion." ' " (People v. Smith (2007) 40 Cal.4th 483, 502.)
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