Does the prosecution have to prove voluntariness beyond a reasonable doubt?
California, United States of America
The following excerpt is from People v. Wimberly, 5 Cal.App.4th 773, 7 Cal.Rptr.2d 152 (Cal. App. 1992):
10 Appellant incorrectly asserts that the prosecution must prove voluntariness beyond a reasonable doubt. This standard applies only to offenses committed prior to the 1982 adoption of Proposition 8. (People v. Markham (1989) 49 Cal.3d 63, 65, 260 Cal.Rptr. 273, 775 P.2d 1042.) The offenses at issue here occurred in 1984 and 1985.
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