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


The following excerpt is from People v. Rios, B267325 (Cal. App. 2017):

A confession "elicited by any promise of benefit or leniency," whether express or implied, is involuntary and therefore inadmissible. (People v. Holloway (2004) 33 Cal.4th 96, 115.) "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 a promise does not render a subsequent confession involuntary. . . . Thus, "[w]hen the benefit pointed out by the police to a suspect is merely that which flows naturally from a truthful and honest course of conduct," the subsequent statement will not be considered involuntarily made. [Citation.]" (Ibid.)

Other Questions


Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
Is a promise made by a police officer of leniency or advantage to the accused sufficient to invalidate a confession? (California, United States of America)
Is a confession involuntary if it was motivated by a promise of leniency or benefit to the accused? (California, United States of America)
Does a confession motivated by a promise of leniency constitute an involuntary confession? (California, United States of America)
Is a promise made by a police officer or person in authority of leniency or advantage to the accused sufficient to invalidate the confession? (California, United States of America)
Is a confession involuntary if it was elicited by any promise of benefit or leniency? (California, United States of America)
Does a promise of leniency by the police make a confession involuntary? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
Is a confession involuntary if it was elicited by any promise of benefit or leniency? (California, United States of America)
If renaming a police officer in the name of a police community support officer is a good cause for concern, and if so, what effect will the name have on the police community? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.