Is a confession obtained by a law enforcement officer involuntary and inadmissible?

California, United States of America


The following excerpt is from People v. Jackson, A155509 (Cal. App. 2020):

The due process clause of the Fourteenth Amendment to the United States Constitution makes inadmissible any involuntary statement obtained by a law enforcement officer by coercion. (People v. Neal (2003) 31 Cal.4th 63,

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79.) "Coerced" and "involuntary" refer to a statement "obtained by physical or psychological coercion, by promises of leniency or benefit, or when the 'totality of circumstances' indicates the confession was not a product of the defendant's 'free and rational choice.' " (People v. Cahill (1993) 5 Cal.4th 478, 482, fn. 1.) "A confession is voluntary if the accused's decision to speak is entirely 'self-motived' [citation], i.e., if he freely and voluntarily chooses to speak without 'any form of compulsion or promise of reward . . . .' [Citation.] In deciding whether a statement is voluntary, 'it is immaterial whether the pressure or inducement was physical or mental and whether it was express or implied.' [Citation.] If the pressure or inducement was 'a motivating cause' of the decision to confess, the confession is involuntary and inadmissible as a matter of law." (People v. Thompson (1980) 27 Cal.3d 303, 327-328.)

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