Is coercive police activity a prerequisite for a finding that a confession was involuntary?
California, United States of America
The following excerpt is from People v. Cabral, E049759, Super.Ct.No. RIF139462 (Cal. App. 2011):
"A finding of coercive police activity is a prerequisite for a finding that a confession was involuntary under the due process clauses of the federal or state Constitution. [Citations.]" (People v. Clark (1993) 5 Cal.4th 950, 988.) Police are prohibited from using only those psychological ploys that, under all the circumstances,
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