Does a "take-a-joke" comment by the police compel a confession to be inadmissible?

California, United States of America


The following excerpt is from In re Daniel P., 2d Juv. No. B198711 (Cal. App. 4/21/2008), 2d Juv. No. B198711 (Cal. App. 2008):

"'It is well settled that a confession is involuntary and therefore inadmissible if it was elicited by any promise of benefit or leniency whether express or implied. [Citations.] However, mere advice or exhortation by the police that it would be better for the accused to tell the truth when unaccompanied by either a threat or promise does not render a subsequent confession involuntary. . . .'" (People v. Holloway (2004) 33 Cal.4th 96, 115.) An improper promise by police does not require exclusion of a confession unless "the promise was a motivating factor in the giving of the statement." (People v. Vasila (1995) 38 Cal.App.4th 865, 874.)

A. The "Take Responsibility" Remark

Other Questions


Does a threat or exhortation by the police to "tell the truth" or that "it would be better" to be honest with the police compel a subsequent confession? (California, United States of America)
Does a threat or exhortation by the police to "tell the truth" or that "it would be better" to be honest with the police compel a subsequent confession? (California, United States of America)
Is it reasonable to assume that a confession made by an accused as a result of improper police conduct is a subsequent confession? (California, United States of America)
Is a confession rendered involuntary by coercive police activity not a coerced confession? (California, United States of America)
Is a police officer's exhortation to "tell the truth" sufficient to compel a suspect to give a subsequent confession? (California, United States of America)
Is a confession made by a police officer as a result of a promise of benefit or leniency an involuntary or inadmissible? (California, United States of America)
Does a police officer's failure to comply with Welfare and Institutions Code sections 626 and 627 render a confession inadmissible? (California, United States of America)
Can a police force implore a suspect to confess by outlining the benefits of a lenient treatment in exchange for a confession? (California, United States of America)
Does a police warning of a confession constitute an involuntary confession? (California, United States of America)
Is there any case law where a confession was made by a police officer not an agent of the police? (California, United States of America)
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